Review of European, Comparative & International Environmental Law - Dispute over the Status and Use of the Waters of the Silala (Chilev Bolivia): Is the International Court of Justice falling short?
"Review of European, Comparative & International Environmental Law" published by Wiley Periodicals LLC
1 July 2023
This case note offers insights into a decision of the International Court of Justice onthe legal dispute between Chile and Bolivia over the nature and use of the Silalawaters and its implications for international water law. It begins with two positivenotes, namely, the recognition of the unity of the Silala waters (natural and artificiallyenhanced flows) and the use of science and expert evidence to resolve the dispute. It then addresses two other issues that the Court should and could have dealt with more adequately, being disputes on the "current use" and "acquired rights" under theambit of the equitable and reasonable utilization principle and the obligation to notifyand consult planned measures. The case note concludes that the Court failed to set-tle the underlying legal issues sufficiently and to better guide the parties on theirrights and obligations.
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