ABSTRACT

This chapter focuses on three related assumptions about the relationship between power and law in order to examine the more specific connections between hydro-hegemons, freshwater and international water law: the political processes that create international law are shaped in large part by power relations between states. This also includes legal norms and institutions often serve to reinforce existing power dynamics and legal norms and institutions can be leveraged for or against extant hegemonic orders. Hydro-hegemons have greater levels of authority and influence to ensure that processes and outcomes of water distribution manifest in their favour. The geographical factor most pertinent to hydro-hegemony in river basins is riparian position, whether a state is upstream or downstream of its neighbours sharing the river. The chapter explores how the Framework of Hydro-Hegemony (FHH) intersects with international law. The FHH's focus on surface water and riparian position has led to an underappreciation of issues pertinent to aquifers.