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The role of customary international water law in settling water disputes by mediation: An examination of the Indus river and Renaissance dam disputes

Managing internationally shared rivers commonly lead to disputes among the states sharing the watercourse. In general, these disputes mostly relate to water allocation, equitable and reasonable utilization, and potential for harm. Scholars argue that all of the rules of Customary international water...

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Main Author: Shaarawy, Sayed
Format: Thesis
Published: AUC Knowledge Fountain 2016
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access_status_str Open Access
author Shaarawy, Sayed
author_browse Shaarawy, Sayed
author_facet Shaarawy, Sayed
author_sort Shaarawy, Sayed
collection Thesis
dc_rights_str_mv The author retains all rights with regard to copyright. The author certifies that written permission from the owner(s) of third-party copyrighted matter included in the thesis, dissertation, paper, or record of study has been obtained. The author further certifies that IRB approval has been obtained for this thesis, or that IRB approval is not necessary for this thesis. Insofar as this thesis, dissertation, paper, or record of study is an educational record as defined in the Family Educational Rights and Privacy Act (FERPA) (20 USC 1232g), the author has granted consent to disclosure of it to anyone who requests a copy.
description Managing internationally shared rivers commonly lead to disputes among the states sharing the watercourse. In general, these disputes mostly relate to water allocation, equitable and reasonable utilization, and potential for harm. Scholars argue that all of the rules of Customary international water law contradict each other and are vague. According to their points of view, this law is not efficient in resolving these disputes. This paper tries to prove the efficiency of these rules in settling these disputes because they identify the different criteria used to manage internationally shared watercourses. This paper contends that these rules whether substantive or procedural are compatible and can settle any water dispute on an equitable basis. However, the intervention of a third party as a neutral mediator especially international organization is important for narrowing the gap between disputants. To support this argument, this paper will examine the role of mediation in settling the Indus River dispute, and the Renaissance Dam dispute based on the rules of Customary international water law . This paper concludes that the rules of international customary law are coherent and effective in settling water disputes. The problem lies in its implementation, which is related to several factors. These include fact-finding, conflict of interest, and politicization of the dispute. It is for this reason that the intervention of a neutral third party, such as an international organization to act as mediator, is important in settling water disputes.
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institution American University in Cairo (Egypt)
last_indexed 2026-06-10T12:35:41.195Z
license_str Other — see source repository
provenance_str_mv Harvested via OAI-PMH from AUC Knowledge Fountain — bepress
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spelling oai:fount.aucegypt.edu:etds-1254 The role of customary international water law in settling water disputes by mediation: An examination of the Indus river and Renaissance dam disputes Shaarawy, Sayed Managing internationally shared rivers commonly lead to disputes among the states sharing the watercourse. In general, these disputes mostly relate to water allocation, equitable and reasonable utilization, and potential for harm. Scholars argue that all of the rules of Customary international water law contradict each other and are vague. According to their points of view, this law is not efficient in resolving these disputes. This paper tries to prove the efficiency of these rules in settling these disputes because they identify the different criteria used to manage internationally shared watercourses. This paper contends that these rules whether substantive or procedural are compatible and can settle any water dispute on an equitable basis. However, the intervention of a third party as a neutral mediator especially international organization is important for narrowing the gap between disputants. To support this argument, this paper will examine the role of mediation in settling the Indus River dispute, and the Renaissance Dam dispute based on the rules of Customary international water law . This paper concludes that the rules of international customary law are coherent and effective in settling water disputes. The problem lies in its implementation, which is related to several factors. These include fact-finding, conflict of interest, and politicization of the dispute. It is for this reason that the intervention of a neutral third party, such as an international organization to act as mediator, is important in settling water disputes. 2016-06-01T07:00:00Z thesis application/pdf https://fount.aucegypt.edu/etds/255 https://fount.aucegypt.edu/context/etds/article/1254/viewcontent/Final_Draft.pdf The author retains all rights with regard to copyright. The author certifies that written permission from the owner(s) of third-party copyrighted matter included in the thesis, dissertation, paper, or record of study has been obtained. The author further certifies that IRB approval has been obtained for this thesis, or that IRB approval is not necessary for this thesis. Insofar as this thesis, dissertation, paper, or record of study is an educational record as defined in the Family Educational Rights and Privacy Act (FERPA) (20 USC 1232g), the author has granted consent to disclosure of it to anyone who requests a copy. Theses and Dissertations AUC Knowledge Fountain Customary International Water Law Mediation
spellingShingle Customary International Water Law
Mediation
Shaarawy, Sayed
The role of customary international water law in settling water disputes by mediation: An examination of the Indus river and Renaissance dam disputes
title The role of customary international water law in settling water disputes by mediation: An examination of the Indus river and Renaissance dam disputes
title_full The role of customary international water law in settling water disputes by mediation: An examination of the Indus river and Renaissance dam disputes
title_fullStr The role of customary international water law in settling water disputes by mediation: An examination of the Indus river and Renaissance dam disputes
title_full_unstemmed The role of customary international water law in settling water disputes by mediation: An examination of the Indus river and Renaissance dam disputes
title_short The role of customary international water law in settling water disputes by mediation: An examination of the Indus river and Renaissance dam disputes
title_sort role of customary international water law in settling water disputes by mediation an examination of the indus river and renaissance dam disputes
topic Customary International Water Law
Mediation
url https://fount.aucegypt.edu/etds/255
https://fount.aucegypt.edu/context/etds/article/1254/viewcontent/Final_Draft.pdf
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