From Conflict to Cooperation: Rethinking Governance of Shared Fresh Water Resources in South Asia
Keywords:
Transboundary Water Management, Freshwater Resources, South Asia, Water Governance, International LawAbstract
The management and effective control of freshwater resources in South Asia have been and continue to be a hotly contested issue given the geopolitical relations, the dynamic nature of the environmental factors and the historical disputes of water sharing of trans-boundary rivers. This study focuses on the issue of lack of adequate legal mechanisms to govern non-navigational uses of international freshwater resources with focus on South Asian rivers like the Indus, Ganges and the Brahmaputra. Some of the key international legal instruments that have been used in this study include the United Nations Convention on the Law of Non-Navigational Uses of International Watercourses adopted in 1997 and the bilateral treaties like the Indus Waters Treaty signed in 1960 and the Ganges Water Sharing Treaty signed in 1996. The research approach used in this paper is qualitative and incorporates legal analysis, case studies and comparison of the existing treaties. This paper examines cases of cooperation as well as those of conflict with the aim of identifying patterns that may exist. Outcomes indicate that there are a number of governance failures that affect the ability of states to distribute resources equitably as well as manage water resources sustainably. The study ends with a number of recommendations which include the need for the signing of binding legal agreements between the riparian states with the aim of enhancing the cooperative management of water resources while ensuring that the ecological systems are given high consideration in order to reduce the tensions that have characterized management of water resources in South Asia.
References
A. R. Rao and T. Prasad,(1994). "Water Resources Development of the Indo-Nepal Region:" Water Resources Development, at 160-161.
AK Biswas Water international.
Aloys Arthur Michel, (1967). “The Indus Rivers, A Study of the Effects of Partition”: (New Haven Yale University Press), at 99. Available at, https://academic.oup.com/ahr/article-abstract/73/3/885/99084.
Amounts of the Waters of the Ganges Diverted to the Feeder Canal Under the 1975 Partial Accord.
Anik Bhaduri and E. B. Barberi,(2003). “Water Transfer and International River Basin Cooperative Management: the Case of Ganges,” Available at, https://www.sciencedirect.com/science/article/abs/pii/S0043135410000552.
Asit K. Biswas, (1992/1/1)."Indus Water Treaty the Negotiating Process": routledge, at 202. Available at https://scholar.google.com/citations?user=M6Nw8JMAAAAJ&hl=en.
Avtar Singh Bhasin, (1971-1994).“India-Bangladesh relation: Documents”,Delhi siba Exim pvt Ltd, (Delhi 966).
B. C. Upreti, (1993). Politics of Himalayan River Waters: “An Analysis of the River Water Issues of Nepal, India and Banagladesh” Available at, https://www.amazon.com/Politics-Himalayan-River-Waters-Bangladesh/dp/8185693323.
B.H. Farmer, an Introduction to South Asia.
Bangladesh-India: treaty on sharing of the Ganges waters at Farakka.
Ben Crow, et al., (1995). Sharing the Politics and Technology of the River Development: (New Delhi: Available at https://www.cambridge.org/core/books/history-of-bangladesh/9B74EB907667F70EC8A95E30B9D4D78B.
CAL. RES. (2008). AGENCY, DEP’T OF WATER RES: “MANAGING AN UNCERTAIN FUTURE: CLIMATE CHANGE ADAPTATION STRATEGIES FOR CALIFORNIA’S WATER “available at http://www.water.ca.gov/climatechange/docs/ClimateChangeWhitePaper.pdf.
Case Concerning Pulp Mills on the River Uruguay ONCERNING, (ARGENTINA v. URUGUAY), Judgment of 20 April 2010, International court of Justice.
Conflict and Cooperation on South Asia's International Rivers: A Legal perspective By Salman M. A. Salman, Kishor Uprety
Conflict and Cooperation on South Asia's International Rivers: A Legal Perspective, World Bank publications.
Conflict in International Watercourses”: The Case of the Indus Basin," in International Watercourses. Sharing_Water_Preventing_War-Hydrodiplomacy_in_South_Asia.
Convention on the protection and use of trans-boundary water courses & international Lakes, report of the first meeting, held in Helsinki from 2 to 4 July 1997 at the invitation of the Government of Finland.
Convention, (1997). On the Law of the Non-navigational Uses of International Watercourses: Adopted by the General Assembly of the United Nation, available at http://legal.un.org/ilc/texts/instruments/english/conventions/8_3_1997.pdf
Danube River Protection Convention. Convention on cooperation for the protection and sustainable use of the Danube River.
Deepa Karthykeyan, “Conflict and Cooperation on Trans-Boundary Waters in South Asia
Formula for Sharing the Waters of the Ganges Under the 1996 Treaty.
Fostering Riparian Cooperation in International River Basins the World Bank at Its Best in Development Diplomacy.
Fresh Water Resources and Withdrawals in the South Asian Sub-continent.
G. T. Keith Pitman, (1998)."The Role of the World Bank in Enhancing Cooperation and Resolving
Ganges Flow in Banglacdesh During the Dry Seasons of the Years 1997-2000, Compared with the Indicative Figures Under the Treaty
Georges Fischer, (1960). "La Banque Internationale pour la Reconstruction: et le Developpement et l'Utilisation des eaux du Bassin de l'Indus," in Annuaire Francais de Droit International, at 43. Available at https://www.persee.fr/doc/afdi_0066-3085_1960_num_6_1_926.
India Nepal: treaty concerning the integrated development of the Mahakali River, [Done at New Delhi, February 12, 1996].
Indus Water Treaty, (1960). The World Bank: [online]. Available from: http://web.worldbank.org.
Indus Water Treaty: the negotiating process, by AK Biswas Water international 17 (4).
Institute of international law, (1911). International Regulations: Regarding, the Use of International Watercourses for Purposes Other than Navigation.
Integrated water resources management: a reassessment: a water forum contribution
International Regulation regarding the Use of International Watercourses for Purposes other than Navigation- Declaration of Madrid, 20 April 1911.
Joseph Alcamo et al, “Global Maps on the World Water Development: Situation Prepared for the World Water Assessment Program.” Available http://www.usf.unikassel.de/wwap/results.htm(aC6hbzxzxVXZV,FGonfaban.16,2020).
Jutta Brunnée & Stephen J. Toope, (1997)(2008). Environmental Security and Freshwater Resources: Ecosystem Regime Building. Available at, https://www.jstor.org/stable/i40130574.
Lengyel, Emil, (1974). “The Congress of Vienna: the diplomacy surrounding the end of the Napoleonic era 1814-15-1895,”.
Nepal's Share of the Waters of the Mahakali River Under the Mahakali Treaty .
P. C. Rawat, (1974). “Indo-Nepal Economic Relations”: Available at https://www.worldcat.org/title/indo-nepal-economic-relations/oclc/1176574.
Population, Population Growth and GNP Per Capita in the South Asian Sub-continent.
Protocol on Water and Health to the 1992 Convention on the Protection and Use of Trans-boundary Watercourses and International Lakes, done at London.
Register of international rivers / prepared by the Centre for Natural Resources, Energy and Transport of the Department of Economic and Social Affairs of the United Nations, UN. Department of Technical Cooperation for Development. Natural Resources and Energy Division, Oxford ; New York : Pergamon Press for the United Nations, 1978
Register of international rivers / prepared by the Centre for Natural Resources, Energy and Transport of the Department of Economic and Social Affairs of the United Nations, Oxford ; New York : Pergamon Press for the United Nations, 1978.
Regulatory Frameworks for Dam Safety: A Comparative Study (2002) by Daniel D. Bradlow, Alessandro Palmieri, and Salman M. A. Salman
Sadique A Gill,(2005). “Water Politics in South Asia”: Journal of South Asian Studies Vol. 20, no.1: 21.
Salman M-A Salman and Kishor Uprety, (2002). “conflict and cooperation on south Asia international rivers”: a legal perspective , Available at, https://www.worldcat.org/title/conflict-and-cooperation-on-south-asias-international-rivers-a-legal-perspective/oclc/50920618.
Settlement of International and Inter-State Water Disputes, by B. R. Chauhan, India, (New Delhi), published by Indian Law Institute.
Share of India and Bangladesh of the Waters of the Ganges at Farakka Under the 1975 Partial Accord
Share of India and Bangladesh of the Waters of the Ganges at Farakka Under the 1977 Agreement
Share of India and Bangladesh of the Waters of the Ganges at Farakka Under the 1996 Treaty Table 7.7 Average Flows of the Ganges at Hardinge Bridge in Bangladesh During the Years 1989-1995, and Under the Treaty.
Sharma, Razit, (2018). Law relating to water and its management in India: with special reference to the state of Himachal Pradesh: MS thesis department of law, Punjab University.
Table 7.4 Share of India and Bangladesh of the Waters of the Ganges at Farakka Under the 1982 Memorandum of Understanding .
The Human Right to Water: Legal and Policy Dimensions (2004) by Salman M. A. Salman and Siobhán McInerney-Lankford, by Salman M. A. Salman and Siobhán McInerney-Lankford
Treaty of Peace, (1815). between the Honourable East India Company and Maharaja of Nepal: in A. S. Bhasin, Documents on Nepal s Relations with India and China, Available at. https://mea.gov.in/bilateral documents.htm?dtl/6295/Treaty+of+Peace+and+Friendship.
U. K. Verma,(1994.) "Socioeconomic Renaissance through Dynamic Indo-Nepal Cooperation in Water Resources Development: Available at, http://nwcf.org.np/wp-content/uploads/2019/03/Water-Nepal-Development-Journal-vol.-4-1994.pdf.
Varghese, “Water Conflicts in South Asia: Studies in Conflict & Terrorism,” Available At https://www.tandfonline.com/doi/abs/10.1080/10576109708436032.
Verma. U. K. "Socioeconomic Renaissance through Dynamic Indo-Nepal Cooperation in Water Resources Development," (1994).
Water Allocation for Irrigation in Nepal Under the Gandak Agreement.
World Development Report 2000/2001, Attacking Poverty, World Bank 2001 Report, New York, Oxford University Press.
Yeadul Islam, “Hydro-politics: a Techno-Political Tangle in South Asia,” at 1-3.
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