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Exploring the rule of equitable and reasonable use on the Helmand river: new insights from interactional international law

Lookup NU author(s): Dr Mohsen NagheebyORCiD

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Abstract

The governing rule of equitable and reasonable use (ERU) applicable to transboundary waters continues to be scrutinised – is it a cure-all or an inherently problematic norm? This article explores the range of challenges arising in this context, with a focus on how the ERU principle may effectively influence state practice. It concludes that while the ERU principle through its normativity has a persuasive influence on state action, its overall effectiveness depends heavily on the ‘life cycle of norms’ presented in interactional international law, explored here. This acts as a pathway to transforming hydropolitical relations, in this case for the Helmand river basin shared between Afghanistan and Iran. The article offers fresh insights into the expectations of international water law and the normative power of the ERU principle.


Publication metadata

Author(s): Nagheeby M

Publication type: Article

Publication status: Published

Journal: The Journal of Water Law

Year: 2023

Volume: 28

Issue: 1/2

Pages: 13-21

Online publication date: 15/12/2023

Acceptance date: 01/11/2023

ISSN (print): 1478-5277

ISSN (electronic): 1478-5277

Publisher: Lawtext Publishing Ltd

URL: https://www.lawtext.com/publication/the-journal-of-water-law/contents/volume-28/issue-1


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