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

More documents

Recommendations

Info

316 / International Watercourses Law and Its Application in South Asia Appendix / 317Parties shall jointly endeavour to mobilize the financerequired for the implementation of the Project.4. A portion of Nepal’s share of energy shall be sold toIndia. The quantum of such energy and its price shall bemutually agreed upon between the Parties.Article 4India shall supply 10 m3/s (350 ft3/s) of water for theirrigation of Dodhara –Chandani area of Nepalese territory.The technical and other details will be mutually worked out.Article 51. Water requirements of Nepal shall be given primeconsideration in the utilization of the waters of theMahakali River.2. Both the Parties shall be entitled to draw their share ofwaters of the Mahakali River from the Tanakpur Barrageand/or other mutually agreed points as provided for in thisTreaty and any subsequent agreement between the Parties.Article 6Any Project, other than those mentioned herein, to bedeveloped in the Mahakali River, where it is a boundaryriver, shall be designed and implemented by an agreementbetween the Parties on the principles established by theTreaty.Article 7In order to maintain the flow and level of the waters of theMahakali River, each Party undertakes not to use orobstruct or divert the waters of the Mahakali Riveradversely affecting its natural flow and level except by anagreement between the Parties. Provided, however, thisshall not preclude the use of the waters of the MahakaliRiver by the local communities living along both sides ofthe Mahakali River, not exceeding five (5) percent of theaverage annual flow at Pancheshwar.Article 8This Treaty shall not preclude planning, survey,development and operation of any work on the tributariesof the Mahakali River, to be carried out independently byeach Party in its own territory without adversely affectingthe provision of Article 7 of this Treaty.Article 91. There shall be a Mahakali River Commission (hereinafterreferred to as the ‘Commission’). The Commission shall beguided by the principles of equality, mutual benefit and noharm to either Party.2. The commission shall be composed of equal number ofrepresentatives from both the Parties.3. The function of the Commission shall, inter alia, include thefollowing:(a) To seek information on and, if necessary, inspect allstructures included in the Treaty and makerecommendations to both the Parties to take stepswhich shall be necessary to implement the provisionsof this Treaty,(b) To make recommendations to both the Parties for theconservation and utilization of the Mahakali River asenvisaged and provided for in this Treaty,(c) To provide expert evaluation of projects andrecommendations thereto,(d) To co-ordinate and monitor plans of actions arising outof the implementation of this treaty, and(e) To examine any differences arising between theParties concerning the interpretation and application ofthis Treaty.4. The expense of the Commission shall be borne equally byboth the Parties.5. As soon as the Commission has been constituted pursuantto Paragraph 1and 2 of this Article, it shall draft its rules ofprocedure, which shall be submitted to other the Parties fortheir concurrence.
318 / International Watercourses Law and Its Application in South Asia Appendix / 3196. Both the Parties shall reserve their rights to deal directlywith each other on matters, which may be in thecompetence of the Commission.Article 10Both the Parties may from project specific joint entity/ies forthe development, execution and operation of new projectsincluding Pancheshwar Multipurpose Project in the MahakaliRive for their mutual benefit.Article 111. If the Commission fails under Article 9 of this Treaty torecommend its opinion after examining the differences ofthe Parties within thee (3) months of such reference to theCommission then a dispute shall be deemed to have arisenwhich shall then be submitted to arbitration for decision. Indoing so either party shall give three (30 months priornotice other the other Party.2. Arbitration shall be conducted by a tribunal composed ofthree arbitrators. One arbitrator shall be nominated byNepal, one by India, with neither country nominate its ownnational and the third arbitrator shall be appointed jointly,who, as a member of the tribunal shall preside over suchtribunal. In the event that the Parties are unable to agreeupon the third arbitrator within ninety (90) days afterreceipt of a proposal, with Party may request the Secretary-General of the Permanent Court of Arbitration at the Hagueto appoint such arbitrator who shall not be a national ofeither country.3. The procedures of the arbitration shall be determined by thearbitration tribunal and the decision of a majority of thearbitrators shall be decision of the tribunal. The proceedingsof the tribunal shall be conducted in English and thedecision of such a tribunal shall be in writing.4. Provision for the venue of arbitration, the administrativesupport of the arbitration tribunal and the remuneration andexpenses of its arbitrators shall be as agreed in an exchangeof notes between the Parties. Both the Parties may alsoagree by such exchange of notes on alternative proceduresfor settling differences arising under this Treaty.Article 121. Following the conclusion of this Treaty, the earlierunderstanding reached between the Parties concerning theutilization of the waters of the Mahakali River from theSarada Barrrage and the Tanakpur Barrage, which has beenincorporated herein, shall be deemed to have been replacedby this Treaty.2. This Treaty shall be subject to ratification and shall enterinto force on the date of exchange of instruments ofratification. It shall remains valid for a period of seventyfive(75) years from the date of its entry into force.3. This Treaty shall be reviewed by both the Parties at ten (10)years interval or earlier as required by wither Party andmake amendments thereof, if necessary.4. Agreement, as required, shall be entered into by the Partiesto give effect to the provisions of this Treaty.IN WITNESS WEHREFO the undersigned being dulyauthorized thereto by their respective governments have theretotheir seals in two originals each in Hindi, Nepali and Englishlanguages, all the texts being equally authentic. In case of doubt,the English text shall prevail.Done at New Delhi, India, on the twelfth day of February of theyear one thousand nine hundred ninety six.(SHER BAHADUR DEUBA) (P. V. NARSIMGH RAO)PRIME MINISTER OF INDIAPRIME MINISTERSHIS MAJESTY’S GOVERNMENT OF NEPAL•
Page 2 and 3:
International WatercoursesLaw and I
Page 4 and 5:
PrefaceIn this book, the author has
Page 6 and 7:
International Treaties and other Do
Page 8 and 9:
ADBAJILAus.JILAYBLADPILALCCASEANAGO
Page 10 and 11:
GlossaryMap of the Ganges BasinThe
Page 12 and 13:
Chapter- ThreeEquitable Utilisation
Page 14 and 15:
Introduction / 1 2 / International
Page 16 and 17:
Page 18 and 19:
Page 20 and 21:
Introduction / 13 14 / Internationa
Page 22 and 23:
16 / International Watercourses Law
Page 24 and 25:
Page 26 and 27:
Page 28 and 29:
Page 30 and 31:
Page 32 and 33:
Page 34 and 35:
Page 36 and 37:
Page 38 and 39:
Page 40 and 41:
Page 42 and 43:
Page 44 and 45:
Page 46 and 47:
Page 48 and 49:
Page 50 and 51:
Page 52 and 53:
Page 54 and 55:
Page 56 and 57:
Page 58 and 59:
Page 60 and 61:
Page 62 and 63:
Page 64 and 65:
100 / International Watercourses La
Page 66 and 67:
Equitable Utilisation / 103 104 / I
Page 68 and 69:
Page 70 and 71:
Page 72 and 73:
Page 74 and 75:
Page 76 and 77:
Page 78 and 79:
Page 80 and 81:
Page 82 and 83:
Page 84 and 85:
Page 86 and 87:
Page 88 and 89:
Page 90 and 91:
Page 92 and 93:
Page 94 and 95:
Page 96 and 97:
Page 98 and 99:
Page 100 and 101:
Page 102 and 103:
Page 104 and 105:
Article 6 of the Rio Declaration as
Page 106 and 107:
Page 108 and 109:
Page 110 and 111:
Page 112 and 113:
Page 114 and 115:
Page 116 and 117:
Page 118 and 119:
Page 120 and 121:
Page 122 and 123:
Page 124 and 125: 218 / International Watercourses La
Page 144 and 145: Legality River Linking Project / 25
Page 154 and 155: the USA to construct such a huge pr
show all

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

Create successful ePaper yourself

Delete template?

Save as template?