Substantive rights focus on the broad principles that guide the legal process answering, “how should uses of the water in a transboundary…river be allocated between the two or more states in the watershed.” Procedural issues are more specific and focus on how states can impact their shared watercourses. Key to these issues is understanding the substantive and procedural rights and responsibilities that riparian states have. However, these changes have done little to solve persistent tensions between a state’s ability to exploit resources within its territory without interference from neighbors against the broader global need to allocate and share resources equitably. Taking the nineteenth century Harmon Doctrine (that a state has the right to control all water resources in its territory, regardless of other states rights) as a starting point, the present field of customary international law principles represent significant changes. International law which is directly concerned water resources has been undergoing significant evolution in the last 125 years. But, others are centuries old tensions, often by co-riparian who depend on the same rivers. The history of some of these conflicts are new, as dams or polluting factories are build. There are hundreds of international conflicts over transboundary resources, including rivers, lakes, and more recently underground aquifers.
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