The following essay by Drs. Salman M. A. Salman and Kishor Uprety is a summary of their recently published monograph (under the same title), which appears in Vol. 3(3) 2018, pp. 1-100, of Brill Research Perspectives in International Water Law. Dr. Salman is an academic researcher and consultant on water law and policy and Editor-in-Chief of Brill Research Perspectives, International Water Law. He can be reached at SalmanMASalman [at] gmail.com. Dr. Uprety is Senior Lawyer with the Asian Infrastructure Investment Bank and an Associate Editor of Brill Research Perspectives, International Water Law. He can be reached at Dr.kishoruprety [at] gmail.com.
A large number of rivers in the South Asia region are shared across borders. Afghanistan, Bangladesh, Bhutan, China, India, Nepal and Pakistan share more than two dozen major rivers. Conflicting claims over those transboundary watercourses is a major security challenge in the region. Indeed, shared watercourses have influenced South Asia’s geography and history, as well as riparians’ responses to the challenges of utilizing, managing, and protecting such water bodies. Because of scarcity, population growth, and climate change impacts, national calls for water security have become louder and more intense in each of these countries. Consequently, collaboration among the countries of South Asia for ensuring equitable sharing of such watercourses has not been optimal.
Map of South Asia’s shared watercourses
In addition, other factors such as information sharing and lack of trust has exacerbated the differences. While most countries do not have reliable systems for data generation, those possessing some hydrological data consider them state secrets, restricting their exchange. Even when treaty obligations exist, data-sharing practices are ad hoc, and the range of information shared is limited. Thus, negotiating new transboundary water treaties amongst the South Asia countries has become a daunting task, and enforcing existing ones remains a real challenge.
With the above constraints in the background, the monograph provides an overview of the notion of water security in South Asia, and discusses the challenges as well as the opportunities for establishing governance frameworks for shared watercourses in the region.
The introduction of the monograph begins with an analysis of the concept of water security, and how the concept emerged and spread as a world-wide and complex phenomenon. It also discusses the challenges the concept imposes in designing and implementing governance regimes for shared watercourses. To further set the stage and focus, and to establish a better appreciation of the challenges, the introduction then discusses the geopolitical setting of the region.
The first part of the monograph starts by discussing the treaty practices in South Asia regarding their shared watercourses. Each instrument is presented as a unique document and effort, finalized after lengthy negotiations with each of the riparians’ specific objectives, interests and strategies in mind. In that context, the monograph reviews the regimes for shared watercourses already in force, as well as those that are under discussion and consideration.
The Indus and the Ganges river basins are the two regimes that are currently in force. The discussion of the Indus Basin regime focuses on the historical background and the complexities involved in the unusually long process of the treaty negotiations. The discussion involves the role of the World Bank, which provided its good offices to the parties, and the reasons for success of the Bank’s intervention. This is followed by an analysis of the treaty provisions, particularly its unique dispute resolution mechanisms. In this context, the monograph also discusses the several cases of “differences” and “disputes” that have emerged between the two riparian parties─India and Pakistan─and analyzes how the treaty provisions facilitated their resolution. This part of the monograph also elaborates and critiques the role of the World Bank in the dispute resolution process.
The second regime in force discussed in the monograph relates to the Ganges Basin, including some of its tributaries. Several treaties have been concluded for the governance of the Basin. The monograph reviews and analyzes each of them, including the history of the negotiations and the main provisions of each treaty, with a critical analysis of implementation.
The discussion also covers the efforts in South Asia, which have been ongoing for several decades, to establish regimes to govern some other important shared watercourses. Negotiations amongst the riparian countries on these basins have been difficult and the outcomes have been poor. In this context, the monograph reviews the regimes pertaining to the Teesta and the Brahmaputra basins, and highlights the difficulties that have emerged.
The subsequent part of the monograph deals with the 1997 UN Watercourses Convention. It focuses on the position of each of the South Asian countries vis-a-vis the Convention, which, interestingly, none has become a party to. The monograph discusses the reasons for such positions, and analyzes the countries’ malaise, as well as their specific concerns regarding the Convention.
The conclusion of the monograph recapitulates and highlights the main problematic situations of South Asia’s shared watercourses and analyzes the prospects for addressing them. In so doing, the conclusion provides some concrete suggestions derived from experiences in other countries and shared basins. The conclusion also includes some recommendations that can assist in enhancing cooperation, mutual trust and understanding amongst the South Asia riparians, and strengthening and consolidating of their achievements on their shared watercourses.
The monograph is dedicated “To the memory of Professor Charles B. Bourne (1921 – 2012); one of the pioneers and innovators in the field of international water law.”
The entire article is available here.