ARTICLES

Dispute over the status and use of the waters of the Silala (Chile v Bolivia): a significant non-decision
DAN ZIEBARTH  
George Washington University and Maastricht University

On 6 June 2016, the Republic of Chile submitted an application to the International Court of Justice (ICJ) to institute proceedings against the Plurinational State of Bolivia seeking declarations concerning the nature of the Silala river system as an international watercourse and the associated rights and obligations of the two parties under international law. On 1 December 2022, the ICJ determined that, regarding four claims made by Chile and two counterclaims made by Bolivia, there was no dispute between the two parties and, as a result, they would not be called upon to make a decision. Can the ICJ declare that a claim is void of object, thus requiring no decision? The author discusses four possible implications of this case regarding this question. First, the ICJ set a possibly influential precedent that the court has the power to declare claims to have no object without a legally binding agreement having been established during the course of proceedings. Second, the ICJ also set precedent which may allow it to decline requests for declaratory judgments and instead proceed to a final judgment where it determines that claims are void of object. Third, this ruling may establish a relatively low bar for determining that claims are void of object. Fourth, parties in contentious cases may be more likely to expect that the ICJ will not provide declaratory judgments, resulting in a party putting forth arguments which they know are untenable to avoid unfavourable outcomes in declaratory judgments.

Water diplomacy as a strategic sustainability policy in the EU’s external relations: towards a nexus approach?
TUULA HONKONEN 
Senior Lecturer of International Law, University of Eastern Finland, Center for Climate, Energy and Environmental Law (CCEEL) The  European  Union  (EU)  has  an  explicit  water  diplomacy policy. Water has been integrated into key EU external law and policies, and water diplomacy is being promoted as a strategic policy vis-à-vis third countries. Its implementation would benefit from an enhanced nexus approach whereby water diplomacy could be used as an even stronger bridge between various fields of the EU’s external policies and the implementation of sustainable development beyond its borders.

CASE COMMENTARIES

WFD and Habitats Directive: the obligation to avoid deterioration of protected wetlands
SANTIAGO M. ÁLVAREZ CARREÑO 
University of Murcia, Spain

River water quality in agricultural areas:
R (Sahota) v Herefordshire Council and another
BELLA COUPLAND, JASON LOWTHER AND JO SELLICK
School of Society and Culture, University of Plymouth

Failures in regulating discharges of untreated sewage into rivers
R (Wild Justice) v Water Services Regulation Authority
NATALIA ZUBOWICZ, JO SELLICK AND JASON LOWTHER
School of Society and Culture, University of Plymouth

STRATEGIC ISSUES –SCOTLAND
PROFESSOR SARAH HENDRY  
Dundee Law School & UNESCO Centre for Water Law Policy and Science, University of Dundee

NEWS –ENGLAND

Prosecution under Farming Rules for Water 

United Utilities Water fined for taking too much water from the environment 

BOOK REVIEW

Fresh Water in International Law (2nd ed.)  
(Laurence Boisson de Chazournes)
Alexander Vinogradov-Wouters LLB, University of Strathclyde