Mapaure, Clever2021-07-212021-07-212021http://hdl.handle.net/11070/2978A dissertation submitted in fulfillment of the Degree of Doctor of Philosophy (Law)The exponential rise in global population and its growing resource needs has led to an inevitable geometric rise in demand for water. At the centre of this growing demand is how nations relate to each other in the management of trans-boundary water resources. In analysing state relations in so far as transboundary water management and allocation is concerned, the central concept of equity becomes very important to consider. This dissertation is based on research on the Okavango River Basin, but also considers international law and other relevant comparative jurisdictions and river basins in Southern Africa and elsewhere. In order to answer the research questions, the literature that is applicable to the other river basins is extensively analysed. The research questions for this study moved from the general to the particular and were centred on the definition of equity and equitable water allocation. Also, the study considered the questions as to whether the inclusion of equitable language in transboundary water management and allocation agreements really makes a practical difference in transboundary water law at the basin level and in this light, whether the signing of the water agreements on the use and management of Okavango waters has led to conflict or cooperation. The concluding question focused on how the regime theory can help in understanding of interstate water co-operation and whether based on this understanding, a typology or model for Okavango River Basin can be constructed. The dissertation records some findings which include that the inclusion of equitable language does not in itself connote lack of conflict or cooperation. Further, the signing of water agreements on the use and management of Okavango waters has not been the sole cause of the apparent cooperation. The cooperation that exists is mainly out of political will or based on expectation of some economic benefit. It is emphasised in the dissertation that differences of opinion between the watercourse states are based not only on their legal views, but also on their material political and economic interests. The dissertation highlights many instances which show conflict. This study was mainly desk-based and followed a mixed methodological approach. The analysis of data was based on some inductive strategy. The result of these methodologies and research paradigms was the development of a Five Pillar model out of the understanding from the regime theory. Based on this model, two Model Agreements applicable to the Okavango River basin were drafted and attached to the Dissertation as Annexes.enWater lawsOkavango river basinThesis