Upreti, Trilochan, International Watercourses Law and Its Application ...

184 / International Watercourses Law and Its Application in South Asia Prospects and Problems of Nepalese Water Resources / 185structure for storing water) might be in one state (e.g. Nepal),the benefits could be accrued in other states (e.g. India andBangladesh), and such benefits could be shared by yet morestates. 13 The principle of equity can dictate how this may beproperly resolved.It has been proved in several parts of the world that basin-widedevelopment of water resources could provide immensebenefits to all riparian nations/states, e.g. the Tennessee ValleyAuthority (USA), the Damodar Valley Corporation (India), theAmazon (Latin America), the Columbia (USA-Canada), theMekong (four states of southeast Asia), and likewise manyother IWC’s in various locations. This is so not only fortechnical reasons,however, but also for a multiplicity of socio-economic, legal,political and other inextricably linked reasons. The concept of‘drainage basin’ 14 or ‘watercourse’ 15 has been developed forthese reasons, as has the concept that a watercourse should beregarded as a single unit regardless of political borders. 16 In thebilateral sphere, the successful and renowned model of cooperationbetween the USA and Canada in regard to theColumbia River Treaty has been repeatedly put forward as onebasis for other such co-operative models. Hence, Indo-Nepalwater resources offer opportunities and challenges for overalldevelopment. 17From past experience in south Asia, the states concerned onlybecome involved in order to protect and preserve their own13 D. Gyawali, “Himalayan Waters; Between Euphoric Dreams andGround Realities” in K. Bahadur & M. P. Lama (eds), NewPerspectives on India-Nepal Relations, New Delhi: Har-Ananda Pub.,1995, p. 256.14 Article 1 Helsinki Rules in Report of the ILA, (1966), pp. 484-485.15 Article 1 of the UNCIW, 36 ILM, (1997), p. 721.16 H. A. Smith, The Economic Use of International Rivers, London: P.S.King & Son, 1931, p. 121.17 B. C. Upreti , Politics of Himalayan River Waters, New Delhi: NiralaPub., 1993, pp. 84-88.national interest at the cost of those of other states, and toattempt to maximise their own advantage whilst ignoring theneeds of others. Weak and vulnerable states are always thelosers, because of their lesser capability in the diplomatic,strategic, economic and other spheres. Good examples are theconstruction of the Farakka Barrage by India, the Aswan Damby Egypt and the Three Gorges Dam currently underway inChina; 18 all of these projects are obviously against the letter andspirit of IWL. No state or organisation was actually able to stopthis kind of illegal construction. At the same time weakernations, such as Nepal, Bangladesh and Ethiopia, are prohibitedfrom enjoying equitable utilisation of their own resources dueto the complications of IWL, a problem which will be analysedbelow. As to the relationship that India has had with Nepal andwith Bangladesh in the sphere of water resources, its nature hasnot always been friendly or even satisfactory, when consideringthe Sarada, Kosi and Gandak projects in the former case, andthe Farakka Barrage in the latter. 19 However, by consideringthese issues in the light of the concept of equity in waterresource utilisation, the divergent interests of all riparian statescan be addressed, thus enhancing the prospects of constructiveand meaningful co-operation in the future.The case of Nepalese water resource development is unique incomparison with the circumstances in other countries; Nepalhas huge water resources available with a tiny land arearequiring irrigation and a very low demand for hydroelectricity.Conversely, India has got a huge territory but sufficient water isnot available during the dry season, either for herself or forBangladesh. However, development of these resources could beundertaken for the benefit of the region, for which co-operationamong the nations of south Asia is essential. On the contrary,the demand for water, particularly in the dry season indownstream countries is acute, meaning that a regulated flow of18 www.internationalwaterlaw.org “China completes Three GeorgesDam.”19 Supra note 17, pp. 106-115.