Upreti, Trilochan, International Watercourses Law and Its Application ...
Upreti, Trilochan, International Watercourses Law and Its Application ... Upreti, Trilochan, International Watercourses Law and Its Application ...
238 / International Watercourses Law and Its Application in South Asia Prospects and Problems of Nepalese Water Resources / 239between India and Bangladesh would definitely be sortedout. 173 But broader co-operation is still the key.Flood modernisation is not possible without Nepal's cooperation.India wants this modernisation, and some work onearly forecasting and warning arrangements has already beendone bilaterally. If arrangements between the three nationswere made, benefits for all of them could be greatly increased.Flood control, navigation, augmentation of dry season flow,and the generation of more hydro power from augmented waterare obvious benefits to all countries of south Asia. Moreover,navigation services and business trade links can be establishedthrough India, while coal and gas could be imported fromBangladesh; these are the potential benefits of a multilateralarrangement. 174Nevertheless, there are general guidelines for examples of cooperation,and the sharing and allocation of the benefits from anIWC; by following these practices and learning from theseexperiences, states of this region can accrue maximumbenefits. 175 Every aspect is closely linked to equity, which takeseveryone’s interests into consideration. The new potentialafforded by the involvement of a third party to enhance andfacilitate regional or bilateral co-operation is one result ofrecently emerging creative thinking. It is recognised that India’spredominant role in the region, in terms of her size, economic,and military power, technological status and political stability,has made her smaller and weaker neighbours feel vulnerable173 H. M. Shrestha and L. M. Singh, “The Ganges-Brahmputra System: ANepalese Perspective in the Context of Regional Cooperation” in A. K.Biswas & T. Hashimoto (eds), Asian International Waters FromGanges- Brahmputra to Mekong, Oxford: Oxford University, 1996, p.81.174 Supra note 8, p. 361.175 Supra note 22, pp. 326-328; also see J.S. Mehata, "Opportunity Costsof Delay" in D.J. Eaton (ed), The Ganges-Brahmaputra Basin: WaterResources Co-operation between Nepal, India and Bangladesh,Austin: the University of Texas, 1992, p. 12.and suspicious. In turn, India is also afraid of these neighboursganging up against her, or taking other hostile attitudes. Inthese circumstances, it is recommended that third partyinvolvement could help end their suspicion and distrust, andopen the windows of opportunity for fostering bilateral andregional co-operation. The World Bank involvement in theIndus impasse resolved issues of the similar magnitude betweentwo rival states. However, the problems within the provinces ofPunjab and Sind in Pakistan remain unsettled; both states arealleging stealing and wastage of their share of Indus waters, 176and severe disputes between the Indian states of Karnataka andTamil Nadu remain unsettled despite the rulings of the CauveryRiver Authority, and even a judgement from the IndianSupreme Court. 177In order to enhance this idea and implement regional cooperation,several initiatives have been taken both in unofficialand official spheres; for example, under the auspices of theUnited States Agency for International Development (USAID),the US government is implementing a project called the SouthAsia Regional Initiative (SARI-within SAARC area). Theformation of the South Asia Growth Quadrangle (SAGQ-Nepal, Bhutan, India and Bangladesh) with a view to promotingsub regional co-operation in the fields of energy and trade(among others) is also considered to be a watershed.Furthermore, regular meetings of experts are taking place, and acommon electricity grid for these nations is expected verysoon. 178 Besides that, the Asian Development Bank (ADB) hasgiven the green light for providing financial assistance todevelop a series of three Arun hydropower projects, of 1050MW total capacity, in Nepal, enhancing regional co-operation.It has also initiated another project named Regional Technical176 Supra note 55, pp. 1-3.177 Staff, “Karnataka ignored the Supreme Court Order.” The Times ofIndia, 5 October 2002.178 Staff, “Arun Project with Indian involvement.” The Kathmandu Post10 January 2002.
240 / International Watercourses Law and Its Application in South Asia Prospects and Problems of Nepalese Water Resources / 241Assistance (RETA), which being implemented in order toenable the SAGQ nations to share and trade off the availableenergy benefits among themselves. 179In a recent development, India is now undertaking a studyinvestigating linking 37 rivers in a region extending from theHimalayas to the southern peninsula of India and bringingwater from where there is a surplus to areas of water deficit byconstructing a network of dams and reservoirs and a network ofcanals. In order to implement this ambitious project, riparianco-operation from Bhutan, Bangladesh and Nepal is essential.Unfortunately India seems determined to implement this projectunilaterally and complete the vast amount of work involved by2016, starting in 2006 (she expects to complete the chains ofstudies before 2006). 180 After successful negotiation withriparian states, which would be hard, but will yield a definiteoutcome, the grievances and bitterness of the past would beremoved, and everyone’s interests would be taken intoconsideration. However, this project will only happen given aspirit of regional co-operation.4.13 Problems and Prospects of Water ResourcesDevelopmentThe pace of globalisation and interdependence has created anopportunity for states to integrate and work closely with eachother in order to obtain maximum advantage. As a result of theend of the Cold War, states are focused on business and179 Staff, “Regional energy grid “The Kathmandu Post, 26 December2001.180 S. Aiyer, “Changing the Course” in XXVII India Today, January 20(2003), pp. 28-32; also see R. R. Iyer, “Making of a SubcontinentFiasco” in Himal South Asian , pp. 1-8; also H. Thakkar, “Flood ofnonsense: How to Manufacture Consensus for River-Linking” HimalSouth Asian, August (2003), pp. 1-5. Also see “Bangladesh Concernedover India’s Proposed River-Linking Project” inwww.internationalwaterlaw.orgeconomic transactions and the creation of economic or tradeblocs. Such characteristics have become a modernphenomenon: yesterday's enemy states are the reliable friendsof today. 181 Within south Asia, China and India were mutuallyhostile states and have been to war with each other; however,this has not hindered China from trading uranium with theDurgapur Nuclear Plants in India in the interests of business. 182Moreover, both nations have recently agreed to enhancebilateral trade, during the visit of the Indian Prime Minister toChina. 183 If even a situation as sensitive as this cannotundermine trade and business, nothing is beyond reach,including the harnessing of Himalayan water resources for theircommon benefit: every obstacle to this can be removed. Equitycan help in this regard.As to the arguments made in connection with nonimplementationand outdated instruments (such as the 1950treaty between Nepal and India), an Indian writer, Datta-Ray,has advised his government from a new perspective, somethingof which the government of Nepal is aware:“access to or from a land-locked country is nolonger a favour. It knows, too, that colonial styletreaties cannot forever inhibit a sovereign nation’sforeign policy options or choice of arms supplier.Since there is nothing India can do about theselegal entitlements, it might do so with good grace181 P. Muchlinski, Multinational Enterprises and the Law, London:Blackwell Pub., 1997, p. 243; also note Expansion of EEC membershiptowards Eastern Europe, creation of NAFTA, ASEAN, SAARC,SADC and so on. The expanding foreign direct investment (FDI) inChina leads to China’s development and her growing position in theinternational manufacturing market, and her close trade relations withEurope and the USA.182 Staff, “Nuclear pay-off: China to supply enriched uranium to India”,Far Eastern Economic Review, 19 January, (1995), p. 22.183 Staff, “Nathu-La Pass is to be open for trade after the war of 1962.”The Kathmandu Post 2 August, 2003.
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238 / <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 / 239between India <strong>and</strong> Bangladesh would definitely be sortedout. 173 But broader co-operation is still the key.Flood modernisation is not possible without Nepal's cooperation.India wants this modernisation, <strong>and</strong> some work onearly forecasting <strong>and</strong> warning arrangements has already beendone bilaterally. If arrangements between the three nationswere made, benefits for all of them could be greatly increased.Flood control, navigation, augmentation of dry season flow,<strong>and</strong> the generation of more hydro power from augmented waterare obvious benefits to all countries of south Asia. Moreover,navigation services <strong>and</strong> business trade links can be establishedthrough India, while coal <strong>and</strong> gas could be imported fromBangladesh; these are the potential benefits of a multilateralarrangement. 174Nevertheless, there are general guidelines for examples of cooperation,<strong>and</strong> the sharing <strong>and</strong> allocation of the benefits from anIWC; by following these practices <strong>and</strong> learning from theseexperiences, states of this region can accrue maximumbenefits. 175 Every aspect is closely linked to equity, which takeseveryone’s interests into consideration. The new potentialafforded by the involvement of a third party to enhance <strong>and</strong>facilitate regional or bilateral co-operation is one result ofrecently emerging creative thinking. It is recognised that India’spredominant role in the region, in terms of her size, economic,<strong>and</strong> military power, technological status <strong>and</strong> political stability,has made her smaller <strong>and</strong> weaker neighbours feel vulnerable173 H. M. Shrestha <strong>and</strong> L. M. Singh, “The Ganges-Brahmputra System: ANepalese Perspective in the Context of Regional Cooperation” in A. K.Biswas & T. Hashimoto (eds), Asian <strong>International</strong> Waters FromGanges- Brahmputra to Mekong, Oxford: Oxford University, 1996, p.81.174 Supra note 8, p. 361.175 Supra note 22, pp. 326-328; also see J.S. Mehata, "Opportunity Costsof Delay" in D.J. Eaton (ed), The Ganges-Brahmaputra Basin: WaterResources Co-operation between Nepal, India <strong>and</strong> Bangladesh,Austin: the University of Texas, 1992, p. 12.<strong>and</strong> suspicious. In turn, India is also afraid of these neighboursganging up against her, or taking other hostile attitudes. Inthese circumstances, it is recommended that third partyinvolvement could help end their suspicion <strong>and</strong> distrust, <strong>and</strong>open the windows of opportunity for fostering bilateral <strong>and</strong>regional co-operation. The World Bank involvement in theIndus impasse resolved issues of the similar magnitude betweentwo rival states. However, the problems within the provinces ofPunjab <strong>and</strong> Sind in Pakistan remain unsettled; both states arealleging stealing <strong>and</strong> wastage of their share of Indus waters, 176<strong>and</strong> severe disputes between the Indian states of Karnataka <strong>and</strong>Tamil Nadu remain unsettled despite the rulings of the CauveryRiver Authority, <strong>and</strong> even a judgement from the IndianSupreme Court. 177In order to enhance this idea <strong>and</strong> implement regional cooperation,several initiatives have been taken both in unofficial<strong>and</strong> official spheres; for example, under the auspices of theUnited States Agency for <strong>International</strong> Development (USAID),the US government is implementing a project called the SouthAsia Regional Initiative (SARI-within SAARC area). Theformation of the South Asia Growth Quadrangle (SAGQ-Nepal, Bhutan, India <strong>and</strong> Bangladesh) with a view to promotingsub regional co-operation in the fields of energy <strong>and</strong> trade(among others) is also considered to be a watershed.Furthermore, regular meetings of experts are taking place, <strong>and</strong> acommon electricity grid for these nations is expected verysoon. 178 Besides that, the Asian Development Bank (ADB) hasgiven the green light for providing financial assistance todevelop a series of three Arun hydropower projects, of 1050MW total capacity, in Nepal, enhancing regional co-operation.It has also initiated another project named Regional Technical176 Supra note 55, pp. 1-3.177 Staff, “Karnataka ignored the Supreme Court Order.” The Times ofIndia, 5 October 2002.178 Staff, “Arun Project with Indian involvement.” The Kathm<strong>and</strong>u Post10 January 2002.
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