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

278 / International Watercourses Law and Its Application in South Asia Conclusions and Recummendations / 279Chapter- SixConclusions and Recummendations6.1 ConclusionsIn the earlier chapter, an analysis of IWL, and its application tothe water resources available in south Asia has been made.Each Chapter analysed the problems associated with realisingthe promising potential of the resources in a coherent manner.The study has indicated the significance of water, themagnitude of the problems, the manner in which they could beresolved, and the tremendous gains that would be realised fromthe judicious utilisation of these resources. Of the fourprinciples that have emerged in IWL, i.e. territorial sovereignty,territorial integrity, prior appropriation and equitable utilisation,I advocate the wider acceptance of the equitable utilisationprinciple. Equity, which is the central theme of this book, hasthe ability to accommodate every interest and create win-winsituations out of complicated conflicts between contestantstates and communities.6.2 Summary of FindingsThe first Chapter introduced the aims of this thesis and assessedthe significance of the water resources of Nepal and theirimmense potential for the prosperity of that country as well asher south Asian neighbours. As a regional power, India has agreat role to play but she must give attention to Nepal’sdevelopment in harmony with the norms of equity envisaged inArticles 5 and 6 of UNCIW. The best way to resolve waterconflicts is by negotiation rather than judicial settlement, 1 inline with a liberal approach of equity.1 B. R. Chauhan, Settlement of International Water Law Disputes inInternational Drainage Basins, Berlin: Eric Schmidt Verlag, 1981, p. 465.The present circumstance of confrontation between Nepal andIndia is not conducive to the enhancement of co-operation forequitable utilisation of water resources. For example, India hasconstructed a network of reservoirs and dams along the wholeIndo-Nepal border without giving prior notice to Nepal, therebyinundating huge areas of Nepalese territory. 2 No mitigation,elimination or compensation has been provided for such harm.This is a flagrant breach of IWL. 3 The study suggests that inorder to attain the maximum benefits for all the riparian states,international and regional cooperation is the first pre-condition.By doing so, poverty can be reduced, sustainable developmentundertaken; dependence within interdependence can be set outand the cloud of distrust can be converted into prosperity. 4Chapter two evaluated and demonstrated the long effortsexerted in the development and codification of IWL. There areseveral instruments that deserve universal application such asUNCIW. The exact application of those instruments, however,could vary depending upon the specific circumstances. Eachwatercourse has unique circumstances; 5 a resolution suitablefor each set of circumstances is highly desirable. Even thoughthe law is the same, it requires greater flexibility in the use ofdiscretion and interpretation for a just and fair resolution,depending upon the specific nature of the problem.2 As demonstrated in Chapter Four, India is constructing new reservoirsand dams which have submerged a huge amount of territory in Nepal.Neither notification was given, complaints heard nor compensationpaid. Also see staff, “India completed Mahalisagar reservoir project”The Kathmandu Post 1 July 2003, staff, “SCIP Failed to resolvedispute”, The Kathmandu Post 13 August, 2003; India refused toacknowledge the harm caused by the reservoirs constructed without theconsent of the Standing Committee for Inundation Problem (SCIP).3 Article 5 (Equitable Utilisation) and Article 7 (No Harm Rule)UNCIW, 36 ILM (1997), p. 722.4 B. G. Verghese, Waters of Hope, New Delhi: Oxford & IBH Pub.,1990, pp. 385-393.5 H. A. Smith, The Economic Use of International Rivers, London: P. S.King & son, 1931, p. 121.