ABSTRACT
This chapter looks at the problématique of failed attempts to conclude water agreements. Oftentimes, one can learn more from failure than from success. As a case study, the chapter analyzes the failed efforts made between Chile and Bolivia to conclude an Acuerdo inicial sobre el Silala (Initial Agreement on Silala) in 2009. The paper zooms in on the participation of the local communities in the negotiations of the agreement. To contextualize these efforts, a description is provided of the Silala waters and its past, current, and future uses. Also, attention is paid to the inter-State proceedings before the International Court of Justice relating to the Silala, which led to a somewhat disappointing and unhelpful judgment delivered on December 1, 2022.
