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

Legality River Linking Project / 275 276 / International Watercourses Law and Its Application in South Asiaenvironmental disaster. 29 However, the harm/injury caused bythese diversion are erroneous regardless the fact that hugeefforts have been undertaken to reduce and mitigate suchharms. But the harms were overweighed by benefits except inthe case of Aral Sea. Those who favour the RLP are insistingthat such diversion have been contributing the socio-economicdevelopment of nations why not in India? 30 However, diversionand construction of dams are not encouraged at all but the basicprinciple of them is that minimum harm/injury is to be acceptedand such harm must be overweighed by the benefits. 31Furthermore, there is an increasing trend in the west in whichinstead of construction of new dam they are destroyingnumerous dams to reverse the environmental and other harmscaused by these dams.5.6 ConclusionsIf the Indian political leadership really wish to fulfil the waterdemand and get rid from the recurring phenomenon of floods,drought and famine then she need to change her past attitude,negotiate in such a way that every interests are heeds and createa win-win situation to all riparian neighbours. The benefitsshould allocate fairly so that every demand of her neighbourscould be meet as her own requirement, Bangladesh should getaugmented water in dry season, hydroelectricity should reach tothem in a fair price, floods should be checked and otherbenefits should divide. Similarly upper riparian Nepal andBhutan should be treated as similar manner. Until now, neitherIndia has not provided noticed pertaining its intention and plan29 S. McCaffrey, "Waters Disputes Defined: Characteristics and Trendsfor Resolving Them" Resolution of International Water Disputes, theHague: PCA, Kluwer Law, 2003, pp. 71-72.30 Supra note 1.31 WCD, Dams and Development: A Framework for Decision Making,London: Earthescan, pp 8-10.about the project nor sought any consent or provided copy ofsuch studies. The claim made by Suresh Prabhu that he hasconsulted with the Nepalese side is a false matter neither Nepalhas given positive signal about the project nor got any studies,intent or sought consent.. 32 Such matter only helps to createnegative environment. If all neighbours get their fair share andbenefits equitably nothing is impossible in this context but it isIndia turn to change her unprecedently and heed the legitimatedemand of her neighbours. From the part of her riparianneighbour, they also need to over politicise the matter, mustunderstand the reality, and must be prepared for broaderregional cooperation for the elimination of chronic poverty. Inorder to get this objective creation of a regional level waterinstitution to facilitate and avert further suspicion and prejudiceto each other is essential. If one see the example of Nile BasinInitiative (NBI), which is working to end the past negativeenvironment and work for the mutual benefits of ten ripariannations at the financial assistance of the UNDP, the WorldBank and Canadian International Development Agency, couldbe catalyst for the beneficial use of south Asian waterresources. 33 However, numerous instances have illustrated howthe involvement of heads of state and governments has enabledthe avoidance of conflicts and facilitated agreement in manycomplex and chronic issues between a weaker and a morepowerful state. President Echeverria of Mexico and PresidentNixon of the USA resolved the salinity problem on theColorado River, which was seen as most delicate problembetween the two countries, and it was politically difficult for32 News appeared in the 2/3/2003, in Hindustan Express saying the abovecannot be proved because the spokesmen of Ministry of WaterResources and Foreign affairs refused the claim, see the KatmanduPost 29/7/2003.33 J. Brunnee & S. J. Toope, “The Changing Nile Basin Regime: DoesLaw Matter ?” (2002) in 42 HILJ, pp. 105-159.