Non-discrimination and liability for transboundary acid mine drainage pollution of South Africa's rivers: could the UN Watercourses Convention open Pandora's mine?

摘要

In 1997, South Africa became an inaugural party to the United Nations Watercourses Convention. With the convention entering into force in August 2014, South Africa is now bound by all of its provisions, including those relating to no significant harm' and liability for transboundary pollution. Article 32, the principle of non-discrimination', provides recourse for foreigners experiencing or under imminent threat of transboundary harm to seek compensation in the jurisdiction where the alleged harm originated. This article investigates the possibility under the convention of pursuing liability for transboundary acid mine drainage pollution originating in South Africa harming the Olifants-Limpopo Rivers.