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Prior notification of planned measures: A response to the no-harm dilemma?

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  • Susanne Schmeier

    (IHE-Delft Institute for Water Education)

Abstract

The principle of no significant harm has become a cornerstone of international environmental and specifically international water law. Its implementation does, however, regularly lead to disagreements and conflicts between riparian states to shared watercourses as interpretations as to what constitutes significant transboundary harm and whether a certain water resources infrastructure project can move ahead in spite of proven, potential or perceived impacts vary considerably among different states. Some of these conflicts have had severe repercussions on riparian states’ relations and cooperation and stability in the respective region. The procedural principle of prior notification can provide a way out of the no-harm dilemma as it allows riparian states to engage in a structured exchange over a certain project and its impacts that helps mitigate or even prevent potential conflicts. Prior notification is thus not only a principle of international water law, but can also be an instrument of water diplomacy. This article analyzes current state practice in the implementation of the principle of prior notification in different basins around the world. It highlights that while a number of challenges remain with regards to the detailed interpretation and implementation of notification procedures, the overall contribution of notification mechanisms to containing disagreements over planned measures in a structured and cooperative manner cannot be overestimated.

Suggested Citation

  • Susanne Schmeier, 2020. "Prior notification of planned measures: A response to the no-harm dilemma?," International Environmental Agreements: Politics, Law and Economics, Springer, vol. 20(4), pages 683-698, December.
    • Handle: RePEc:spr:ieaple:v:20:y:2020:i:4:d:10.1007_s10784-020-09505-4
    DOI: 10.1007/s10784-020-09505-4
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    References listed on IDEAS

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    1. Sabine Blumstein & Susanne Schmeier, 2017. "Disputes Over International Watercourses: Can River Basin Organizations Make A Difference?," World Scientific Book Chapters, in: Ariel Dinar & Yacov Tsur (ed.), Management of Transboundary Water Resources under Scarcity A Multidisciplinary Approach, chapter 7, pages 191-236, World Scientific Publishing Co. Pte. Ltd..
    2. Godfrey R.A. Dunkley, 2000. "Republic of South Africa," American Journal of Economics and Sociology, Wiley Blackwell, vol. 59(5), pages 299-311, November.
    3. Mark Zeitoun, 2015. "The relevance of international water law to later-developing upstream states," Water International, Taylor & Francis Journals, vol. 40(7), pages 949-968, November.
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    Cited by:

    1. Naho Mirumachi & Margot Hurlbert, 2022. "Reflecting on twenty years of international agreements concerning water governance: insights and key learning," International Environmental Agreements: Politics, Law and Economics, Springer, vol. 22(2), pages 317-332, June.
    2. Joyeeta Gupta & Aarti Gupta & Courtney Vegelin, 2022. "Equity, justice and the SDGs: lessons learnt from two decades of INEA scholarship," International Environmental Agreements: Politics, Law and Economics, Springer, vol. 22(2), pages 393-409, June.

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