The role of international law in promoting transboundary freshwater governance: The UN Watercourses Convention and the Revised SADC Water Protocol

This article examines the implications of developments in international law for the Southern African Development Community (SADC). In setting the general context, the main theories of water rights regulating the utilisation of international watercourse systems and the constitutive foundations of a legal regime encapsulated in the UN Watercourses Convention are discussed. The Revised SADC Water Protocol's substantial contribution towards strengthening the rule of law in the protection and preservation of international watercourses is assessed. In exploring the challenges of the Water Protocol's implementation, emphasis is placed on the urgent need to execute complementary supporting measures in order to enhance sustainable legal intervention in shared river basins in Southern Africa. It concludes that various instruments like the UN Watercourses Convention and the SADC Water Protocol demonstrate clear evidence of the recognition by the international community of the importance of legal norms in enhancing cooperation and managing conflict in international watercourses.