ABSTRACT

This chapter considers the extent to which the International Law Commission’s Draft Articles on the Non-navigational Use of International Watercourses might lead to discrimination between uses and users. It focuses on one distinct group of users - women- on one particular use - agricultural irrigation - and concentrate on a limited geographical area - less developed States. Traditionally, the law was thought to have no place regulating matters that take place in the home, the feminist critique being that it ignores the situations which ought to be regulated and so leads to, amongst other things, discrimination and bias. Similarly with our thesis, certain uses and interests are either undervalued or ignored which leads to bias in deciding which uses should be made of international rivers.