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

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.