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68 / International Watercourses Law and Its Application in South Asia Development and Codification of International Watercourses Law / 69purchase energy not used by the other for its own consumption.This treaty provides one of the successful implementations of ajointly developed project through the involvement of bothriparian states for their mutual benefit. Countries of south Asianeeds to learn from the positive and negative implications ofthis treaty.2.7.10 The Treaty of Peace 1994 Israel, Jordan andPalestine Liberation Organisation (PLO)This Treaty is a part of an integrated Peace Treaty to resolvethe outstanding problems between Arab states and Israel, 125 inwhich efforts to resolve the outstanding conflicts on sharingand allocation of common water resources were made. Article 6and Annex 2 deal with the sharing and allocation of waters andthe rights and duties of both states in relation to the surface andgroundwater resources on the common terminus. It provides forthe allocation of waters in each of the seasons, methods toincrease the volume of water and clearly prohibits thedetrimental use of such shared resources, envisaging theguarantee of quality, and safeguards against pollution andcontamination of the waters. Later, Israel, Jordan and the PLOconcluded an agreement, under the auspices of NorwegianPeace initiatives, on allocation of waters from their sharedresources, which provides co-operative, sustainable andequitable use of surface as well as groundwater. 126 Theavailability of the water in this region is very scarce becausethis area is located in arid geographical terrain; its shortageposes a threat to long-term peace and security.2.7.11 Co-operation for the Sustainable Developmentof the Mekong River, 1995 Thailand, Laos,Cambodia and the VietnamIt is one of the successful multilateral treaties that conceivednorms of reasonable, equitable and sustainable use of commonresources in a co-operative manner, thus implementing therecognised norms of customary international law. Thisagreement, consisting of 42 Articles, is the best example of thecomprehensive and integrated development of the lowerMekong river basin jointly by the watercourse states. 127 Thetreaty provisions have asserted the holistic and integrated use(hydropower, irrigation, and other uses together) of the watersof the Mekong River. However, it could be argued that theupper riparian China had neither been involved in thearrangement nor recognised this agreement. However, her firmstand on territorial sovereignty principles revealed herwillingness to maintain this principle. 128 China had, in theupper reach of the Mekong, separately developed severalprojects within her territory and ignored the interests of otherdownstream states.The basic features of the treaty include the following.Minimum monthly natural flow is guaranteed. In order toexecute the project, the Mekong Commission created and maderesponsible under it, a secretariat and joint committeesrepresented by all member states. Co-operation is based onreasonable, sustainable and equitable sharing and utilisation tothe satisfaction of all member states and attenuated according toenvironmental considerations. All works in the basin are coordinatedby the Commission. The United Nations organsESCAP, UNDP, ADB and the World Bank have beenproviding assistance to the Mekong Commission to implement125 34 ILM (1995), pp. 43-54.126 36 ILM (1997), pp. 763-770.127 34 ILM (1995), pp. 864-880.128 During debate on UNCIW Gao Feng had advocated this principle.Press Release GA/9248.
70 / International Watercourses Law and Its Application in South Asia Development and Codification of International Watercourses Law / 71the treaty provisions. 129 Furthermore, it furnishes a uniqueexample of cooperation between Thailand and Laos, in whichthe former is guaranteed not only purchase of electricity to begenerated by the latter, and a sovereign guarantee to theinternational capital market and banks to provide loan money todevelop the Laotian projects. 1302.7.12 Treaty on Sharing of the Ganges Waters atFarakka, 1996 India-BangladeshThe Treaty, which replaced the earlier 1977 treaty, has beeninstrumental in resolving the outstanding and chronic disputeover the Ganges water in an equitable and reasonable manner,which reconciles their mutual interests. 131 The main features ofthe said arrangement are as follows:The quantum of waters released by India to Bangladesh will beat Farakka. Both governments will be entitled to a 50% of share(without any prejudice to the existing uses of eachgovernment). Minimum flows to both states during the dryseason are guaranteed a prescribed quantum. Arrangement of ajoint Technical Committee and a Joint River Commission hasbeen made in order to execute the provisions of the Treaty (inequal representation by both governments). Very long,contentious and complex conflicts between the two neighbourshave been resolved. However, there is still some dissatisfactionfrom the Bangladesh side over the allocation of water,particularly in the dry season: in the event of unexpectedlydiminished flow, there is no provision to regulate it, as it had129 S. M. A. Salman & L. B. De Chzournes (eds), “Conclusion” inInternational Watercourses: Enhancing Cooperation and ManagementConflict, Washington DC: The World Bank Technical Paper No 414,The World Bank, 1998, p. 170.130 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.mrcmekong.org131 Supra note 126, pp. 519-527.been set out in the previous agreement of 1977. Moreover,India also agreed to a plan to construct a Ganges Barrage 20 kminside of Bangladesh territory to hold up the floodwaters fordry season use. This was previously refused by India statingthat the back up of water would be detrimental. This was amajor breakthrough achieved by this treaty. 132 The maincharacteristics are based on equitable sharing of waterresources and adoption of no harm to either state in using thewaters of their common rivers.2.8 The Impact of Water Issues on BilateralRelationsFrom the state practice explained above, it is clear that watersharing and allocation issues have profoundly influenced thebilateral relations of states and also inter-state relations within afederal set up. 133 Water matters directly influence the relationof Egypt with her upper-riparian states. In south Asia, India'srelations with Bangladesh, Bhutan and Nepal are largelyinfluenced by water 134 issues. In North America, relationsbetween Canada and USA, and USA and Mexico areinfluenced by water. Water has been described as the oil of the21 st century and it is predicted that if the problem of watersharing and allocation is not sorted out in a timely way, asargued by several authors, a third world war is inevitable. 135 Asdescribed earlier, in the water dispute between Arizona and132 S. M.A. Salman, “Sharing the Ganges Waters Between India andBangladesh: An Analysis of the 1996 Treaty” in S. M. A. Salman &L. B. De Chzournes (eds), International Watercourses : EnhancingCooperation and Management Conflict, Washington D.C: The WorldBank Technical Paper No 414, The World Bank, 1998, pp. 143-151.133 A. Utton, "In search of an Integrating Principle for Inter-State WaterLaw: Regulation versus Market Place" (1985) in 25 NRJ, p. 992.134 T. Upreti, “The Perspective on Downstream Benefits" the KathmanduPost, 24 June 2000, p. 6.135 Http//www.worldbank.org/; Lecture by J. Wolfensohn in November11, 1999. The RAF Penrose Memorial Lecture at the AmericanPhilosophical Society, Philadelphia.
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