Kwasniak, Arlene JoyceAmpofo-Boateng, Kwame2013-01-152013-06-152013-01-152013http://hdl.handle.net/11023/416The Volta River Basin (VRB) in West Africa is facing water conflicts that include water quantity, water quality, pollution, flooding, and competition for water for hydroelectric power generation and water for irrigation. The VRB’s six riparian nations; Benin, Burkina Faso, Côte d'Ivoire, Ghana, Mali, and Togo, created a legal regime called the Volta Basin Authority (VBA) to address the water conflicts. However, the VBA has failed to address the water conflicts as it is plagued by deficiencies in its legal structures and policies. The International Joint Commission (IJC) on the other hand, has successfully addressed the boundary waters disputes between the United States and Canada. The IJC’s success has been aided by its exercise of its Reference Jurisdiction mandate that has allowed it to use flexibility to investigate and report on questions referred to it by the governments of the United States and Canada. This thesis seeks to identify the factors that have assisted the IJC’s successful use of flexibility under its Reference Jurisdiction mandate. It assesses the VBA as presently constituted and finds that it lacks an IJC-type independent fact-finding body that is equipped with flexible Reference Jurisdiction-type powers. The thesis suggests that incorporating an IJC-type structure with a flexible Reference Jurisdiction-type mandate into the VBA would assist the VBA to better address the water conflicts in the VRB. As well, the thesis recommends changes to the VBA’s other legal structures and policies to assist it to better deal with the water conflicts in the VRB.engUniversity of Calgary graduate students retain copyright ownership and moral rights for their thesis. You may use this material in any way that is permitted by the Copyright Act or through licensing that has been assigned to the document. For uses that are not allowable under copyright legislation or licensing, you are required to seek permission.LawThe Volta River BasinThe Volta Basin AuthorityWater ConflictsThe Boundary Waters TreatyThe International Joint CommissionThe Reference Jurisdiction Mandatemaster thesis10.11575/PRISM/26490