The Evolving Legal Regime to Govern Hydropower in Transboundary Waters: The Case of the La Plata River Basin

Mara Tignino, University of Geneva (Switzerland)
Diego Jara, IUCN (Ecuador)

This paper looks at the evolution of the universal legal regime on hydropower through the analysis of the global freshwater legal frameworks and then it reviews the specific case of the La Plata River Basin to illustrate the importance of developing bilateral or multilateral agreements in this field. A century has passed since the first global legal attempt to regulate hydropower in transboundary waters. States continue to struggle to negotiate adequate instruments capable of protecting humans and nature while securing adequate access to energy. Nowadays, emerging economies opt for hydropower as an affordable and clean energy source for their sustainable development. Despite the apparent benefits of this activity, it is imperative to understand its challenges and assess existing opportunities and good practices to guide riparian States in their negotiation efforts. This article will analyse the evolution of the universal legal instruments – of both soft and hard law nature – focusing on hydropower and will provide specific considerations looking at current and future environmental and social complexities surrounding this activity.