New Special Issue on the Principle of No Significant Harm in International Water Law

Disagreements over the principle of no significant harm and its interpretation in different basins and by different riparians have challenged cooperation and the integrated management of shared river and lake basins around the world. The academic discourse has likewise struggled with diverging interpretations of the principle and its meaning in different basin contexts.

A newly published special issue in the journal “International Environmental Agreements: Politics, Law and Economics” addresses these gaps and discusses the principle of no significant harm from various perspectives, focusing on its relationship with the principle of equitable and reasonable utilization, its development through international case law, its implementation in light of an increase in private investments in transboundary hydropower projects or its relevance for a specific region.

Various members and affiliates of the International Water Law Academy of Wuhan University have contributed to the special issue. Founding Affiliate Member of the Academy Owen McIntyre wrote a paper on the current state of development of the no significant harm principle. Academy Affiliate Members Ruby Moynihan and Bjørn-Oliver Magsig together shared their thoughts on the role of international regimes and courts in clarifying the prevention of harm in freshwater and marine environmental protection. Founding Affiliate Member Alistair Rieu-Clarke reflected on the duty to take appropriate measures to prevent significant transboundary harm and private companies, with a particular focus on transboundary hydropower projects. Academy Member Susanne Schmeier wrote a paper on prior notification of planned measures as a response to the no-harm dilemma. Academy Affiliate Dinara Ziganshina wrote on the principle of no significant harm in the Central Asian context, together with Barbara Janusz-Pawletta. And Otto Spijkers, Founding Staff Member of the Academy, shared his ideas on the link between the no significant harm principle and the human right to water.

Their engagement in the debate and their contributions to advancing scholarly research on the principle of no significant harm will inform practitioners and policy makers, thus ultimately benefitting the sustainable and cooperative management of shared watercourses.