Monthly archive May, 2017

The Silala Dispute: Between International Water Law and the Human Right to Water

1. Introduction The dispute between the Republic of Chile and the Plurinational State of Bolivia before the International Court of Justice concerns the legal nature of the Silala river as an international watercourse and the ensuing regime of utilization of its waters. The controversy, which arose in 1999 when Bolivia claimed its exclusive right on...

What’s in a name? The Silala waters and the applicability of international watercourse law

1. Introduction Several interstate disputes concerning the non-navigational uses of international watercourses have come before the International Court of Justice (ICJ or Court), as well as its predecessor the Permanent Court of International Justice, since its establishment.[1] While these cases have undoubtedly contributed to the development of international watercourse law,[2] a fundamental question that the...

The Silala Waters dispute before the ICJ and the law on the use of international rivers for non-navigational purposes

Introduced by Lucas Carlos Lima   On the 6th June 2016 Chile brought a new dispute with its neighbour, Bolivia, to the International Court of Justice (ICJ), this time concerning transboundary water resources. The present querella regards the Status and Use of the Waters of the Silala, a water basin whose main course rises in...