On contingency, confidence and trust: how international water law stabilizes expectations under conditions of uncertainty

Kang, K (2023) On contingency, confidence and trust: how international water law stabilizes expectations under conditions of uncertainty. Water International. ISSN 0250-8060

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Abstract

How is international water law able to stabilize expectations amid uncertain conditions? We use modern systems theory to hypothesize using the Lancang–Mekong River context. We propose: Hypothesis 1: Equitable utilization norms incorporate variant possibilities to solve the problem of contingency; Hypothesis 2: No significant harm norms select expectations worth protecting to solve the problem of confidence; Hypothesis 3: Cooperation norms retain learning opportunities to solve the problem of trust. Our aim is not to test correspondence with reality, but to stimulate understanding of international water law. Specifically, we evaluate how system problems of contingency, confidence and trust shape laws’ function.

Item Type:	Article
Uncontrolled Keywords:	International water law; modern systems theory; contingency; confidence; trust; transboundary waters; hydropower dams; Lancang–Mekong region; 0905 Civil Engineering; Environmental Engineering
Subjects:	H Social Sciences > H Social Sciences (General) K Law > K Law (General)
Divisions:	Law
Publisher:	Taylor and Francis Group
Date of acceptance:	7 September 2023
Date of first compliant Open Access:	29 September 2023
Date Deposited:	29 Sep 2023 14:12
Last Modified:	29 Sep 2023 14:15
DOI or ID number:	10.1080/02508060.2023.2257557
URI:	https://ljmu-9.eprints-hosting.org/id/eprint/21627

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