Boundaries of benefit sharing: Mapping conflict and cooperation in the Lake Malawi/Niassa/Nyasa sub-basin

Fatch, Joanna; Swatuk, Larry A.

doi:10.1016/j.wasec.2018.10.001

Cited by 1 publication

(3 citation statements)

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“…Downstream, the Shire River drains the Lake, flowing through southern Malawi and is the largest tributary flowing into the Lower Zambezi. Fatch and Swatuk (2018) showed that rather than a unified whole, water management in the sub-basin is constituted by a set of four distinct decision contexts informed by riparian state interaction: (i) the Songwe River (Malawi and Tanzania); (ii) the northern portion of the Lake (Malawi and Tanzania); the centralsouthern portion of the Lake (Malawi and Mozambique); and the Shire River (Malawi and Mozambique). Each portion of the sub-basin raises distinct challenges for water management in the context of local and national ambitions of economic development.…”

Section: Substantive Rules and The Lake Malawi/niassa/nyasa Sub-basinmentioning

confidence: 99%

“…These claims are contained in an official Government of Tanzania communication to the SADC Secretariat in 2002. Therein, Article VIII is argued to translate into equitable and reasonable utilisation and claimed to include the right of ownership of the resource based on historic and current utilisation as well as the associated duty to protect the resource in realising ERU 22 (see Mayall, 1973 andFatch &Swatuk, 2018 for context). Malawi disputed Tanzania's acquiescence claims and submitted a formal response to SADC.…”

Section: The Lake Malawi/nyasa Decision Contextmentioning

confidence: 99%

“…development, use, protection, allocation, regulation and control (ILA, 2004)-of the water resources in the sub-basin. This work builds on Fatch and Swatuk (2018) which focused on mapping conflict and cooperation in the same sub-basin that zeroed in on riparian state interactions in the different parts of the sub-basin termed "decision contexts".…”

Section: Introductionmentioning

confidence: 99%

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Boundaries of benefit sharing: interpretation and application of substantive rules in the Lake Malawi/Niassa/Nyasa sub-basin of the Zambezi Watercourse

Fatch¹,

Bolding

Swatuk

2022

Int Environ Agreements

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The primacy of state sovereignty in transboundary water resources management raises questions regarding how riparian states determine "who gets what, where, and why" in a shared watercourse. To facilitate peaceful coexistence, substantive rules-"equitable and reasonable utilisation (ERU)" and "the duty to prevent the causing of significant harm"define rights and responsibilities of riparian states in the utilisation of shared watercourses. The duty of riparian states to cooperate, as a principle of international law, plays an important part in realising these substantive rules. This article critically reflects on the principles underlying transboundary water management by focusing on the interpretation and application of substantive rules in the Lake Malawi/Niassa/Nyasa sub-basin of the Zambezi River Basin in Southern Africa. The case study demonstrates how interpretation and application of international water law are generally in line with customary practices, but are subject to highly localised decision contexts which challenge Southern African Development Community (SADC) attempts to establish a firm legal foundation upon which to guide access, use and management across the region's shared river basins.

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Section: Substantive Rules and The Lake Malawi/niassa/nyasa Sub-basinmentioning

confidence: 99%

Section: The Lake Malawi/nyasa Decision Contextmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

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