Upreti, Trilochan, International Watercourses Law and Its Application ...
Upreti, Trilochan, International Watercourses Law and Its Application ... Upreti, Trilochan, International Watercourses Law and Its Application ...
284 / International Watercourses Law and Its Application in South Asia Conclusions and Recummendations / 285precious water resources: withdrawals are expected to rise by31% by 2020 and groundwater resources are being replenishedonly at a rate of between 0.1% and 0.5%. 23 There arepredictions that the next war will be fought over water, if theinternational community does not work hard in unison bypromptly and prudently taking into account the interests of all,equally. 24 Such a gloomy picture presents either a recipe forconflict or an incentive to co-operation.However, the key to regional as well as bilateral cooperationlargely depends on how India, as a regional power willing to bea member of Security Council of the United Nations, 25reconciles its views and aspirations in addressing the similarinterests of its neighbours. 26 Moreover, India’s traditional viewof benefiting at another's expense, as alleged, must be changedinto the concept of good neighbourliness, a cooperative attitude,and incorporate equitable sharing of shared resources. Thesame attitude must be adopted by Nepal and other neighbours.The positive aspects of the past treaties must also be recalled 2723 Staff, “Ecological Decline far worse than official estimates”, TheGuardian 26 August 2002, p. 4, also see United Nations,Comprehensive Assessment of Freshwater Resources of the World,1997, Geneva: UN Pub.24 Supra note 7. A Vice President of the World Bank, Ismail Serageldin,who thought water a catalyst for peace, predicted in 1995 that ‘the warsin the next century will be over water.’25 C. D. Mass, “South Asia: Drawn Between Cooperation and Conflict”in E. Gonsalves & N. Jetly (eds), The Dynamics of south Asia:Regional Cooperation and SAARC, New Delhi: Sage Pub., 1999, p. 67.25 C. D. Mass, “South Asia: Drawn Between Cooperation and Conflict”in E. Gonsalves & N. Jetly (eds), The Dynamics of south Asia:Regional Cooperation and SAARC, New Delhi: Sage Pub., 1999, p. 67.26 S. P. Subedi, “Indo-Nepal Relations: The Cause of Conflict and TheirResolution” in S. K. Mitra & D. Rothermund (eds), Legitimacy andConflict in South Asia, New Delhi: Manohar, 1997, p. 240.27 A. Mukarij, “Is Destabilization the Name of the Game” in A. Sen (ed)India’s Neighbours: Problems and Prospects, New Delhi: Har-Anand,2001, p. 115.instead of one way criticism and over-politicising. 28 Nepal mustconvince and persuade its over-bearing neighbour to promoteand preserve the interests of both countries, and India must stopdamming the rivers on the Indo-Nepal border and causing theupstream states significant harm. If there is the political willamong the south Asian nations and the required co-operationfrom the international community in terms of finance,technology and skill, the other modes of co-operation arewithin the reach of south Asia. 29 The Mekong Basin andSouthern African states have adopted the concept of regionalgrids to trade off hydroelectricity for the investment ofmultilateral agencies. Thailand has not only guaranteed thepurchase of Lao’s hydroelectricity but also provided asovereign guarantee to the consortium of international banksand other lending agencies to allow the project to proceed. 30There are several models in the bilateral and multinationalspheres as indicated in Chapter two, any of which could befollowed.28 D. Gyawali, Water in Nepal, Kathmandu: Himal Books, 2001, pp. 53-65: The Nepalese Parliament ratified the Mahakali treaty, however, itthen passed a stricture (by both Houses of Parliament). breaching theTreaty’s provision, and sought incorporation of the terms of thestrictures into the Detail Project Report, which obviously preventsprogress in executing the Treaty.29 M. R. Josse, “The Case for New Thinking” (1994) in 4 Water Nepal, p.260: Then British PM James Callaghan and then US President JimmyCarter were quoted as saying that their nations were eager to help inutilising Himalayan water resources.30 P. Chomchai, “Management of Transboundary Water Resources: ACase Study of the Mekong” in M. I. Glassner (ed), The United Nationsat Work, Westport, CT: Praeger, 1998, pp. 245-255; also seewww.internationalwaterlaw.org: Laos has signed a deal with aconsortium to build and operate the Nan Theun Project (1,070 MWhydroelectric project) in which Thailand is the sole buyer. The ADBsaid Laos earned $ 112 million from electricity exports in 2000, onethird of the country’s total exports and its biggest export item. Also seeSouth African Power Pool, common electricity for 14 African stateswww.eia.doe.gov/emev/cabs/sadc.html.
286 / International Watercourses Law and Its Application in South Asia Conclusions and Recummendations / 2876.4 Changing PerspectivesThere are some more positive indications which suggest thatimproved attitudes are being developed in the area of cooperation.The recently proposed Arun III, Lower Arun andUpper Arun projects, altogether 1,050 MW, are beingconsidered for implementation through bilateral arrangement,with the involvement of public power utilities and privateinstitutions in India and Nepal. The ADB which has beeninvolved as a facilitator, had expressed its preparedness toprovide the necessary amount of loan money, not only to carryout the feasibility studies but also to implement the project. 31Furthermore, the West Seti export purpose hydroelectric project,which is being planned for development by the AustralianSnowy Mountain Electric Company (SMEC), has beenpermitted to have an MOU with Power Trading Corporation(PTC), the Indian Government’s Power Purchasing Company.Successful negotiations to obtain a power purchase agreementhave been recently concluded. It is expected that after itssuccess, a new cooperative dimension in Indo-Nepal waterresources relations will be opened. 32 As expected the SMECand PTC has struck a power purchase agreement at US$ Cents4.865 per unit rate and the project is going to be started fromthis year. 33 Similar positive development expected to occurbetween India and Bangladesh as well.Apart from this, SAREE, SAGQ, SASEC and other institutionsworking for expanded regional cooperation are emerging. Theallegation that everything hinges on the Indian attitude iscommonly made by all the small and vulnerable nations ofsouth Asia. However, in 1996, Nepal and Bangladesh managedto conclude separate treaties with India, thereby removing theirlong entertained complaints and grievances over the Mahakaliand the Ganges rivers respectively. 34 In the case of Nepal,however, the positive circumstance created by the Mahakalitreaty is not being reaped because of non-implementation of theproject due to differing views on how to implement the treatyregime. Other nations are ready for utilising this resource, ifIndia were ready to address its neighbour's interests in areasonable and equitable manner. 35 It is worth mentioning thatin the 19 th century, strong countries wanted weak neighboursthey could dominate. In the 21 st century, strong countries willbenefit from neighbours who are prosperous and democratic.Troubled neighbours export problems whereas healthyneighbours promote the region's vitality, growth and peace. 36Additionally, in a U-turn in its policy on water sharing issues,India is contemplating a grandiose project linking 37 rivers,constructing 27 big dams and diverting 141,288 million cubicmetres of water through a network of 4,777 km of canals. TheRiver Linking Project will cost Rs. 560,000 crore. In thisproject, it is hoped that the riparian consent and co-operation ofNepal, Bhutan and Bangladesh will be sought and everyinterest heeded so that past bitternesses will be eliminated. 37 Ifthe project were to be executed in this manner, it is likely thatthe mistrust and bitterness of the past would be reversed, asevery complaint would be accommodated. The grievancessuffered by the smaller states for so long could be resolved31 Staff, “ADB co-operation on water projects”, The Space Time Daily,18 September, 2002, quoted the country Director of the ADB statingits readiness to provide any type of co-operation to implement theseprojects.32 www.internationalwaterlaw.org ‘SMEC strikes a deal with Indiangovernment’.33 Staff, “SMEC concluded an agreement with Power TradingCorporation of India.” Kantipur (in Nepali)10 December 2003.34 Supra note 20, p. 958, also see, S. M. A. Salman and K. Uprety,“Hydro-Politics in South Asia: A Comparative Analysis of theMahakali and Ganges Treaties” (1999), 39 NRJ, pp. 333-335.35 Supra note 15, pp. 188-195.36 R. B. Zoellick, “NAFTA: A Successful Model of North SouthRelations” in www. usembassy-mexico.gov/sbfnafta.37 S. Aiyar, “Changing the Course” (2003) in XXVII India Today,January 20, pp. 28-32.
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286 / <strong>International</strong> <strong>Watercourses</strong> <strong>Law</strong> <strong>and</strong> <strong>Its</strong> <strong>Application</strong> in South Asia Conclusions <strong>and</strong> Recummendations / 2876.4 Changing PerspectivesThere are some more positive indications which suggest thatimproved attitudes are being developed in the area of cooperation.The recently proposed Arun III, Lower Arun <strong>and</strong>Upper Arun projects, altogether 1,050 MW, are beingconsidered for implementation through bilateral arrangement,with the involvement of public power utilities <strong>and</strong> privateinstitutions in India <strong>and</strong> Nepal. The ADB which has beeninvolved as a facilitator, had expressed its preparedness toprovide the necessary amount of loan money, not only to carryout the feasibility studies but also to implement the project. 31Furthermore, the West Seti export purpose hydroelectric project,which is being planned for development by the AustralianSnowy Mountain Electric Company (SMEC), has beenpermitted to have an MOU with Power Trading Corporation(PTC), the Indian Government’s Power Purchasing Company.Successful negotiations to obtain a power purchase agreementhave been recently concluded. It is expected that after itssuccess, a new cooperative dimension in Indo-Nepal waterresources relations will be opened. 32 As expected the SMEC<strong>and</strong> PTC has struck a power purchase agreement at US$ Cents4.865 per unit rate <strong>and</strong> the project is going to be started fromthis year. 33 Similar positive development expected to occurbetween India <strong>and</strong> Bangladesh as well.Apart from this, SAREE, SAGQ, SASEC <strong>and</strong> other institutionsworking for exp<strong>and</strong>ed regional cooperation are emerging. Theallegation that everything hinges on the Indian attitude iscommonly made by all the small <strong>and</strong> vulnerable nations ofsouth Asia. However, in 1996, Nepal <strong>and</strong> Bangladesh managedto conclude separate treaties with India, thereby removing theirlong entertained complaints <strong>and</strong> grievances over the Mahakali<strong>and</strong> the Ganges rivers respectively. 34 In the case of Nepal,however, the positive circumstance created by the Mahakalitreaty is not being reaped because of non-implementation of theproject due to differing views on how to implement the treatyregime. Other nations are ready for utilising this resource, ifIndia were ready to address its neighbour's interests in areasonable <strong>and</strong> equitable manner. 35 It is worth mentioning thatin the 19 th century, strong countries wanted weak neighboursthey could dominate. In the 21 st century, strong countries willbenefit from neighbours who are prosperous <strong>and</strong> democratic.Troubled neighbours export problems whereas healthyneighbours promote the region's vitality, growth <strong>and</strong> peace. 36Additionally, in a U-turn in its policy on water sharing issues,India is contemplating a gr<strong>and</strong>iose project linking 37 rivers,constructing 27 big dams <strong>and</strong> diverting 141,288 million cubicmetres of water through a network of 4,777 km of canals. TheRiver Linking Project will cost Rs. 560,000 crore. In thisproject, it is hoped that the riparian consent <strong>and</strong> co-operation ofNepal, Bhutan <strong>and</strong> Bangladesh will be sought <strong>and</strong> everyinterest heeded so that past bitternesses will be eliminated. 37 Ifthe project were to be executed in this manner, it is likely thatthe mistrust <strong>and</strong> bitterness of the past would be reversed, asevery complaint would be accommodated. The grievancessuffered by the smaller states for so long could be resolved31 Staff, “ADB co-operation on water projects”, The Space Time Daily,18 September, 2002, quoted the country Director of the ADB statingits readiness to provide any type of co-operation to implement theseprojects.32 www.internationalwaterlaw.org ‘SMEC strikes a deal with Indiangovernment’.33 Staff, “SMEC concluded an agreement with Power TradingCorporation of India.” Kantipur (in Nepali)10 December 2003.34 Supra note 20, p. 958, also see, S. M. A. Salman <strong>and</strong> K. Uprety,“Hydro-Politics in South Asia: A Comparative Analysis of theMahakali <strong>and</strong> Ganges Treaties” (1999), 39 NRJ, pp. 333-335.35 Supra note 15, pp. 188-195.36 R. B. Zoellick, “NAFTA: A Successful Model of North SouthRelations” in www. usembassy-mexico.gov/sbfnafta.37 S. Aiyar, “Changing the Course” (2003) in XXVII India Today,January 20, pp. 28-32.
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