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

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Legality River Linking Project / 269 270 / International Watercourses Law and Its Application in South Asiaresolved. 19 Moreover, the RLP is not targeting a single basinonly, but also directly envisages to impact upon the totality ofthe resources south of the Himalayan water towers. Candidlyspeaking, this project is explicitly linked with the life and deathof the people of this region. The law could be used only asguidance. Everything depends on how liberal, cooperative andfriendly are these nations in order to understand others’sensitivities and the realities and compulsions of theirneighbours. In India itself, apart from Tamil Nadu andHaryana, which are water scarce states, other states appear tobe strongly critical and opposed to this project. Their argumentis based on what they would get in exchange of their water interms of royalty and export revenues from the beneficiaries.Otherwise, why should they provide their life-blood to others?On the other hand, each state first wants to provide sufficientwater to its own deficit or water stressed areas. Moreover, theenvironmentalists, human rights activists, civil societies,experts and concerned people have exhibited strong criticismsand concerns over the consequences of the implementation ofsuch a project. They opine that linking of rivers is a disastrousidea from the environmental point of view. The inter-linking oftoxic rivers with non-toxic ones will have a devastating impacton all forms of life, let alone humans. 20In this context, one will have to deal with some very gravequestions concerned with south Asia's interests for the presentas well as future generations. How can we sell and buy ourwater for the best price? How can we fix royalty and exportduties on it? How can we achieve a better settlement on our19 Hydro electricity under the Kosi project was not commissioned,irrigation benefits were not materialized and compensation were notpaid to the project affected people under the Kosi Agreement and inGandak project lock for navigational services was not provided. Underthe Sharing of the Ganges Treaty between India and Bangladesh, theassured minimum flow was not provided in 1997 dry season.20 H. Thakkar, "Flood of Nonsense: How to Manufacture Consensus forRiver-Linking" Himal South Asian, August (2003), pp. 1-5.hydropower import/export? How can we secure the right tounfettered access to and from the sea from the proposed riverlinking project and how can we amend and improve upon theunequal treaties of the past? However, the other issues ofoutstanding chronic problems out side this area should alsoimprove in order to strike this deal. These are the burningquestions that need to be resolved in the complex negotiationsthat we shall be bound to enter into regarding the proposedgrandiose project. Therefore, there are numerous threats as wellas opportunities for us. It could even furnish the bestopportunity to establish new relations based on equity andequitability that could reverse or recompense for the unequaltreaties of the past. In a nutshell, for this ambitious project tobecome a success, it is imperative that whole heartedbilateral/regional cooperation and an equitable sharing of thebenefits of these resources should be ensured thereby dispellingthe miasma of past bitterness, cheating and exploitation,whether perceived or real, for the common future of the peopleof south Asia. Unless this happens, the project will merelyremain in the dream of Indian politicians and their acolytes. 215.4 Concern of NeighboursUnlike upstream neighbours Nepal and Bhutan, Bangladeshhas not been keep quite and become a mere spectator of thepropose RLP, in her view, is the question of life and death toher existence. Comparing with the Farrakka barrage built byIndia in the cost of Bangladesh, she has maintained that thecoercive diplomacy of India has created obstacles in thedevelopment of her neighbours, such diplomacy cannot bringany lasting benefits to her or her neighbours and in order toresolve the problems subsisting in the region, basin-widedevelopment in regional perspective is essential. 22 That is to21 Supra note 17.22 A. A. tutu, "The Farakka Barrage: A Diary of India's CoerciveDiplomacy in Practice" 1 Prasix Journal, (2003), pp. 36-40.
Legality River Linking Project / 271 272 / International Watercourses Law and Its Application in South Asiasay, consent and cooperation from the view of regionalcooperation is requires. The historical conflicts on the sharingof Ganges river water, which was thought to be resolved afterthe treaty of 1996, could not even been complied due to theextraordinary reduction of the predicted flow and the treatymechanism was unable to fulfil India's obligation on thatminimum flow guaranty clause of the said treaty. Worse still,India has diverted the waters of Teesta unilaterally withoutgiving attention on Bangladesh legitimate share, has beenadded the fuel on already complex and conflicting relationsbetween two neighbours. From the point of Bangladesh, theyhave been restricted from their legitimate entitlement in theGanges and as a result, Bangladesh's one third of fertileterritory have been converted into a desert land. Moreover, Shehas been maintaining that India's paln to divert waters ofBrahumputra, from which her almost all territory will beconverted into desert as a result her existence would bejeopardised. In a nutshell, Bangladesh has considered that theproject could be threat to her very right to exist as a nation. Ifone consider the magnitude of this question, it is very unlikelythat India could make her agree to commission this project untilshe rectified the past grievances and accommodate her everyinterests. 23 On the other hand, it seems that without thisundertaking, India's problem of relieving from poverty andsocio-economic development is not possible, which means sheis determined to implement this project. In this potentialeventuality, one can assume that cooperation from regionalperspective is the need of hour in which every nation can get itsfair share, divergent views should change into convergence. Inorder to create this environment may take long time along withthe completion of such huge, complex areas of studies,verification and crosscheck into them by the experts ofinternational repute could consume substantial period of time.23 M. Asfuddowalah, "Sharing Transboundary Rivers: The GangesTragedy" M. I. Glassner(ed), The United Nations at Work, WestportCT: Praeger, 1998, pp. 212-218.The success of Indus River Waters Treaty 1960 and itseffective implementation even in two wars time has beenregarded as a catalytic. 24 However, there are also disputesrecently emerging and it is interesting matter how India andPakistan strive to resolve the issues. Pakistan has beenobjecting the construction of Bahlihar hydroelectric projectmaintaining that it is against the provision of the said treatywhilst India is ascertaining it does not hamper existing uses orreduce the volume of the waters. Other objections of Pakistanare with India's plan to divert Chenab river water in HimanchalPradesh at Basholi-Pathankot dam project, the Wullar barrageproject on Jhelum, the Dul-Hasti hydroelectric project atChenab and the Sawlko dam at the same river. It is interestingfact that the Legislature of Jammu and Kashmir has asked thecentre to repudiate the Indus treaty and give her free hand todevelop project in this state. However, this proposal wasrefused by the central Government. It is understood that theJoint River commission under the treaty, which did not cease tosuccessfully working in the time of wars 25 and bothgovernments are working expeditiously to resolve thesedisputes. It is obvious that India appears to be seriouslyworking to find out resolution with any water disputes withPakistan and reverse the position whilst dealing withBangladesh and Nepal. That is to say, undermine the legitimatedemand of these neighbours. This has been proved in severalprojects implementation and water conflicts with these nations.How this is happening could be topic of separate politicalresearch.24 G. T. Keith Pitman, "The Role of the World Bank in EnhancingCooperation and Resolving Conflict on International Watercourses: thecase of Indus basin" G. H Blake, W. J. Hildeslay, M. A. Pratt, RebeccaJ. Ridley & C.H. Schofield (eds) The Peaceful Management ofTransboundary Resources, Graham &Troatmat/Martinus Nijhoof,1995, pp 155-165.25 Salman M. A. Salman, "Good Offices and Mediation and InternationalWater Disputes" Permanent Court of Arbitration, The Hague: KluwerLaw, 2003, Resolution of International Water Disputes, pp 182-185.
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PrefaceIn this book, the author has
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