Is Public Participation a Rule of the Law of International Watercourses?
Melvin Woodhouse At present the existence of a rule requiring public participation in the law of international watercourses is unclear. Whilst States are party to an increasing number of international agreements, their practice is also influenced by non-binding sources of law. To date, no study has been undertaken to determine such a rule with respect to all recognized sources of international law. This study examines sources of international law recognised in the Statute of the International Court of Justice. Whilst no rule requiring public participation in the law of international watercourses can presently be recognized, it is shown that a rule may crystallize in the future as changes in State practice contribute to the sources of international law and offer a substantive basis upon which to define a general principle of law. Further analysis of subsidiary sources of non-binding law shows that whilst the international community is suggesting that the recognition of a range of differ