Upreti, Trilochan, International Watercourses Law and Its Application ...
Upreti, Trilochan, International Watercourses Law and Its Application ... Upreti, Trilochan, International Watercourses Law and Its Application ...
234 / International Watercourses Law and Its Application in South Asia Prospects and Problems of Nepalese Water Resources / 235to create a good environment for progress might be through theuse of these vast water resources for mutual or regionaladvantage.In the case of India herself, she has declared NationalNavigational Route No 1 to be from Allahabad to Kolkotta; ifproper arrangements could be made up to Nepal, she alsowould benefit from these services. There are similar problemsin relations between India and Bangladesh. India haspersistently resisted a former proposal for Ganga flowaugmentation and related reservoir construction in Nepal,asserting that the Ganga is an Indian river not an internationalriver, contrary to the precepts of IWL, particularly in view ofthe judgment rendered by the PCIJ in the River Oder case. 161While India rejected Bangladesh’s proposal of augmentation ofdry season flow in the Ganges, Bangladesh similarly refused toaccept the Brahmaputra-Ganga link canal proposal. 162It is technically viable for boats to travel from the Hooghly (inIndia) on the Ganges (which emerges in Bangladesh), viaFarakka and Kanpur in India to the following points in Nepal:Bhardaha on the river Kosi, Narayanghat on the Gandak, andChisapani on the Karnali; however, the economic and technicalfeasibility, and other implications, need to be studied further. 163Furthermore, Water Resources Ministers of Nepal and Indiaconstituted a joint study team to investigate the possibilities ofnavigation on the Kosi, Karnali and Gandak rivers, in 1997. Itis understood that the studies have not been not completed sofar, 164 but it is expected that once the technical feasibility hasbeen endorsed, both states can expect to execute projects fornavigation. The experience gained by Austria and Paraguay in161 PCIJ Reports (1937) pp. 221-222.162 Supra note 12, pp. 203-210.163 Supra note 20, pp. 208-209.164 Annual Report of Water and Energy Commission Secretariat 1999, pp.13-14.the area of inland waterways and access to and from the sea canbe of significance in the Nepalese context. 1654.12 Regional Co-operationThere are several views on how to maximize benefits fromthese huge resources. There are many possible scenarios fortwo riparian country involvements, e.g., Indo-Nepal cooperation.There is also trilaterisation of the issues that includeNepal, India and Bangladesh; even inviting Bhutan in, asconceived in the SAARC Quadrangle concept; and thepossibility of adding China to this group. Finally, there is scopefor the internationalisation of the issue by involving multilateralorganisations, e.g. the World Bank, GEF, UNDP, UN or indeedany influential and resourceful western government; it isnoteworthy that the UK and the USA have already shown aninterest. 166 These institutions are capable of making abreakthrough in issues of this magnitude, in terms ofeconomics, technology and politics; 167 the only aim should beto achieve broader co-operation between all riparian states andto gain maximum benefits from these resources. The motivesbehind such external involvement should be considered to bepositive, regarding it not as external interference, but rather asexternal co-operation. The need for it is crystal clear. Thegovernments of this region have been negotiating waterresources development for the last forty years, and so far suchbilateral endeavours have yielded no tangible result nor does165 A. B. Thapa, “Landlocked Austria’s Lesson for Nepal” in 22 Spotlight,Sept. 27-Oct.3, (2002), pp. 1-3.166 M.R. Josse, “The Case For New Thinking” (1994) in 4 Water Nepal, p.260: US President Jimmy Carter and British Prime Minister JamesCallaghan made separate statements in January 1978 offering their“countries technical and financial support to any regional waterdevelopment project that India, Nepal and Bangladesh may put up”;this was not to India’s liking.167 Ibid.
236 / International Watercourses Law and Its Application in South Asia Prospects and Problems of Nepalese Water Resources / 237any miraculous breakthrough seem likely in the foreseeablefuture. If any achievements are to be made, co-operation on aregional level is the first condition; but far from this happening,nothing has been done nor is anything expected, except forsome bilateral treaties, and this inaction remains the subject ofsharp criticism. 168 However, the World Bank has made anapproach with a view to involvement in the resolution of theGanges disputes; it was reported that Bangladesh welcomed itbut that India refused it, asserting that it was a bilateral issue. 169India has persistently maintained that the Ganga 170 is an Indianriver, disregarding Nepal’s legitimate demand for navigationalrights over river access to the sea. Bangladesh’s legitimatedemand for the sharing of Ganges waters in an equitable andreasonable manner, and augmentation of lean season flow, hasalso been denied. It was once demanded that the Ganga bedeclared "an international river of south Asia" and Nepalconsidered a co-riparian partner along with India andBangladesh, for the purpose of sharing her waters and benefits.This specific proposal was made by Shrestha, an expert onNepalese foreign policy, who has pointed out that it cost NepalRs 66 million to transport 100,000 tonnes of freight fromKolkotta to Kathmandu against just Rs 6.7 million if the goodswere moved by inland waterways. He concluded that a168 The Kosi, the Gandak, and Tanakpur are highly criticised projects inNepal, whereas the long awaited Mahakali Integrated Treaty has alsonot been implemented so far. In the Indo-Bangladesh sphere, thesuspicion, and distrust are visible, as evidenced by the lack of properimplementation of bilateral instruments.169 Supra note 45 (conflicts) pp 148-151: the Bank’s President, RobertMcNamara, has visited both India and Bangladesh and proposedmediation, but this was refused by India.170 J. G. Lammers, Pollution of International Watercourses, the Hague:Martinus Nijhoff, 1984, pp. 313-317, supra note 22, p. 347; see supranote 31, p. 122.navigational outlet to the sea is Nepal’s birthright. 171 Thesignificance of enabling navigation by international waterwaysin Nepal is evident from these facts. There are two otheralternatives for Nepal in terms of routes to access the sea: theKosi-Gandak link canal to Mahananda-Koroyoka, Bangladesh;and a 16 km long tunnel link between the Jhapa district of theeastern part of Nepal, passing through India at a depth of 3000metres, and coming out at the western border of Bangladesh.Both of these alternatives require multilateral consent and cooperation.If a spirit of co-operation is established, technicaland financial assistance is easy to obtain; examples include theEisenhower tunnel in the US, and tunnels below the sea inJapan and Hong Kong. 172 Several tunnels have already beenconstructed in Switzerland which proves this technology.Bangladesh, from the time of its emergence in 1971, haspersistently demanded Nepalese involvement in theaugmentation of the dry season flow of the Ganges; it is evidentthat without Nepal's involvement in building huge reservoirs inher own territory, this is not feasible and India, for her part, hasrepudiated the idea. On the contrary, India demanded theconstruction of a Brahmputra-Ganges link canal, 324 km long,one third within Bangladesh's territory and joining the Gangesabove Farakka, although this was outrightly rejected byBangladesh. In order to increase the Ganges flow, the divertingof the Brahmaputra through the Arun valley in Nepal is alsorecommended; if this were implemented, the chronic problems171 Supra note 20, p. 209; A. B. Thapa, “Kosi Navigational Canal” in 8Water and Energy Commission Secretariat Bulletin, (1999),Kathmandu, pp. 5-7: the experience of the US tells us that shallowdraft inland water transportation can be about 5 times cheaper thanrailway, 21 times cheaper than road transportation and 63 timescheaper than air transportation; also see H. Shrestha, “Water Resourcesin Nepal-China Relation” The Telegraph, 15 January (2003),Kathmandu.172 Supra note 21, p. 134.
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236 / <strong>International</strong> <strong>Watercourses</strong> <strong>Law</strong> <strong>and</strong> <strong>Its</strong> <strong>Application</strong> in South Asia Prospects <strong>and</strong> Problems of Nepalese Water Resources / 237any miraculous breakthrough seem likely in the foreseeablefuture. If any achievements are to be made, co-operation on aregional level is the first condition; but far from this happening,nothing has been done nor is anything expected, except forsome bilateral treaties, <strong>and</strong> this inaction remains the subject ofsharp criticism. 168 However, the World Bank has made anapproach with a view to involvement in the resolution of theGanges disputes; it was reported that Bangladesh welcomed itbut that India refused it, asserting that it was a bilateral issue. 169India has persistently maintained that the Ganga 170 is an Indianriver, disregarding Nepal’s legitimate dem<strong>and</strong> for navigationalrights over river access to the sea. Bangladesh’s legitimatedem<strong>and</strong> for the sharing of Ganges waters in an equitable <strong>and</strong>reasonable manner, <strong>and</strong> augmentation of lean season flow, hasalso been denied. It was once dem<strong>and</strong>ed that the Ganga bedeclared "an international river of south Asia" <strong>and</strong> Nepalconsidered a co-riparian partner along with India <strong>and</strong>Bangladesh, for the purpose of sharing her waters <strong>and</strong> benefits.This specific proposal was made by Shrestha, an expert onNepalese foreign policy, who has pointed out that it cost NepalRs 66 million to transport 100,000 tonnes of freight fromKolkotta to Kathm<strong>and</strong>u against just Rs 6.7 million if the goodswere moved by inl<strong>and</strong> waterways. He concluded that a168 The Kosi, the G<strong>and</strong>ak, <strong>and</strong> Tanakpur are highly criticised projects inNepal, whereas the long awaited Mahakali Integrated Treaty has alsonot been implemented so far. In the Indo-Bangladesh sphere, thesuspicion, <strong>and</strong> distrust are visible, as evidenced by the lack of properimplementation of bilateral instruments.169 Supra note 45 (conflicts) pp 148-151: the Bank’s President, RobertMcNamara, has visited both India <strong>and</strong> Bangladesh <strong>and</strong> proposedmediation, but this was refused by India.170 J. G. Lammers, Pollution of <strong>International</strong> <strong>Watercourses</strong>, the Hague:Martinus Nijhoff, 1984, pp. 313-317, supra note 22, p. 347; see supranote 31, p. 122.navigational outlet to the sea is Nepal’s birthright. 171 Thesignificance of enabling navigation by international waterwaysin Nepal is evident from these facts. There are two otheralternatives for Nepal in terms of routes to access the sea: theKosi-G<strong>and</strong>ak link canal to Mahan<strong>and</strong>a-Koroyoka, Bangladesh;<strong>and</strong> a 16 km long tunnel link between the Jhapa district of theeastern part of Nepal, passing through India at a depth of 3000metres, <strong>and</strong> coming out at the western border of Bangladesh.Both of these alternatives require multilateral consent <strong>and</strong> cooperation.If a spirit of co-operation is established, technical<strong>and</strong> financial assistance is easy to obtain; examples include theEisenhower tunnel in the US, <strong>and</strong> tunnels below the sea inJapan <strong>and</strong> Hong Kong. 172 Several tunnels have already beenconstructed in Switzerl<strong>and</strong> which proves this technology.Bangladesh, from the time of its emergence in 1971, haspersistently dem<strong>and</strong>ed Nepalese involvement in theaugmentation of the dry season flow of the Ganges; it is evidentthat without Nepal's involvement in building huge reservoirs inher own territory, this is not feasible <strong>and</strong> India, for her part, hasrepudiated the idea. On the contrary, India dem<strong>and</strong>ed theconstruction of a Brahmputra-Ganges link canal, 324 km long,one third within Bangladesh's territory <strong>and</strong> joining the Gangesabove Farakka, although this was outrightly rejected byBangladesh. In order to increase the Ganges flow, the divertingof the Brahmaputra through the Arun valley in Nepal is alsorecommended; if this were implemented, the chronic problems171 Supra note 20, p. 209; A. B. Thapa, “Kosi Navigational Canal” in 8Water <strong>and</strong> Energy Commission Secretariat Bulletin, (1999),Kathm<strong>and</strong>u, pp. 5-7: the experience of the US tells us that shallowdraft inl<strong>and</strong> water transportation can be about 5 times cheaper thanrailway, 21 times cheaper than road transportation <strong>and</strong> 63 timescheaper than air transportation; also see H. Shrestha, “Water Resourcesin Nepal-China Relation” The Telegraph, 15 January (2003),Kathm<strong>and</strong>u.172 Supra note 21, p. 134.
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