WATER DISPUTES & INTERNATIONAL ENVIRONMENTAL LAW: A CASE STUDY OF THE INDUSWATERS TREATY & OTHER TRANSBOUNDARY WATER AGREEMENTS
By Swapnil Shankhwar & Rishabh Kumar Dubey, Dr. Ram Manohar Lohiya National Law University & Central University of South Bihar*.
Abstract
Water scarcity is a growing global concern that has catalysed conflicts primarily at regional and local levels, but it also possesses the potential to escalate international tensions. This paper examines key principles of international water law, including equitable utilisation, the no-harm principle, and doctrines of cooperation among states sharing watercourses. Analysing major international water treaties and conventions reveals foundational approaches to transboundary water governance.
Although limited by its dependence on state compliance, international water law seeks to mediate disputes through frameworks balancing equitable use and conservation. However, no single organisation wields definitive power to enforce international water law, making self-commitment essential for implementation. Examining India's water disputes with neighbouring countries highlights the challenges and significance of cooperative water management. Case studies include India's treaties and ongoing negotiations with Pakistan (Indus Water Treaty), China (Brahmaputra River), Bangladesh (Ganga and Teesta Rivers), Nepal (Kosi and Gandaki Rivers), and Bhutan (hydropower agreements). This paper advocates for enhanced collaboration, timely information exchange, and effective legal mechanisms to address water security and sustain regional stability.
Keywords: International Water Law; Transboundary Water Disputes; Water Security; Cooperative Water Management
* Author I is a Ph.D. Scholar at Dr. Ram Manohar Lohiya National Law University, Lucknow (Uttar Pradesh), and Author II is pursuing LL.M. from Central University of South Bihar (Gaya).
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