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17 Colo. J. Int'l Envtl. L. & Pol'y 89 (2005-2006)
Equity in Transboundary Water Law: Valuable Paradigm or Merely Semantics

handle is hein.journals/colenvlp17 and id is 95 raw text is: Equity in Transboundary Water Law: Valuable Paradigm or Merely Semantics? Jonathan Lautze* and Mark Giordano**l ABSTRACT Equity has emerged as an important principle in transboundary water law in recent years, particularly in relation to water allocation. Yet basic questions remain unanswered. What constitutes an equitable transboundary water agreement? What constitutes an equitable allocation of shared waters? And has the inclusion of equitable language really made a difference in transboundary water law at the basin level? This paper uses Africa as a case study to critically assess past efforts to integrate equity into transboundary water law. The qualitative characteristics of agreements claiming to consider equity are first compared to those making no such assertion to reveal what differences, if any, exist. The paper then develops a quantitative methodology to measure equity in transboundary water allocations. This methodology is used to compare codified water allocations in agreements that purport to consider equity with those that do not. The findings reveal that agreements referring to equity differ substantively from others and, in * Master of Arts in Law and Diplomacy, 2005, The Fletcher School, Tufts University. ** Senior Researcher, International Water Management Institute, Sri Lanka. 1. The authors wish to acknowledge Matthew McCartney for his help in the conceptualization of this paper and Thulani Magagula for all the GIS work performed. The authors are further grateful to Paul Kirshen, Adil Najam, and Eric Potyondy for feedback on earlier versions of this work. This article is an output of work begun under the CGIAR Challenge Program on Water and Food. Finally, Jonathan Lautze wishes to thank USAID and the Luce Fellowship for financial support and Ken Strzepek for his facilitative work.

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