The evolving legal regime to govern hydropower in transboundary waters: the case of the La Plata River Basin
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A century after the first global attempt to regulate hydropower in transboundary waters, states continue to struggle to balance human, nature and energy needs. Emerging economies rely on hydropower as an affordable and clean energy for sustainable development, often without understanding its challenges and best practices. This paper examines the evolution of the universal legal regime on hydropower, analysing global freshwater legal frameworks and specific regulations applicable to the La Plata River Basin.
Changing climatic phenomena such as droughts and floods, along with the requirements for biodiversity conservation outlined in instruments like the Convention on Biodiversity or the Ramsar Convention on the Protection of Wetlands of International Importance, present current challenges, such as ensuring adequate access to energy, that states must consider during the planning and development of hydropower projects.
Compliance with essential principles of international water law, such as the principle of equitable and reasonable utilization, the no-harm obligation, and the duty of prior notification and consultation, is crucial to guiding and advancing cooperation on shared waters in light of these challenges.
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