Article 26

26.2 Application


State A, an upstream state, has neglected to maintain a dam in the upper reaches of river X. Much of the area’s population has moved elsewhere in search of jobs and improved livelihoods. The dam is therefore not used for any purposes. The region is particular vulnerable to earthquakes and one day an earthquake compromises the integrity of the dam, which leads to a major release of water from the reserve. This in turn impacts on the lives and livelihoods of populations living alongside the river in downstream state B. Pursuant to Article 26, state A is found liable for the damage caused due to the improper maintenance of the dam.

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