SJ Quinney College of Law, University of Utah

Utah OnLaw: The Utah Law Review Online Supplement


This is a response to Rhett B. Larson, Innovation and International Commons: The Case of Desalination Under International Law, 2012 UTAH L. REV. 759. In this response, Professor Schwabach agrees with Professor Larson as to the economic, human, and environmental importance of desalination technology, and as to the possible disruptive impact of rapid technological change on an international legal regime not yet equipped to deal with widespread large-scale desalination. Next, Professor Schwabach points out that, while Professor Larson addresses primarily brackish-water desalination within drainage basins, the greatest potential use of desalination technology may eventually lie in ocean-water desalination, making drainage basin concepts less relevant. Finally, Professor Schwabach examines Professor Larson’s proposed collaborative and adaptive management (CAM) approach, and welcomes this important contribution to this emerging area of international environmental law.