Transcript Transboundary Water Issues & Judicial Solutions

Hamid Sarfraz
• Rival – originated in the late 16th century from Latin rivalis,
originally in the sense 'person using the same stream as
another', from rivus 'stream'.
• Conflicts since the Neolithic revolution; when humans settled
down to cultivate food between 8,000 and 6,000 BC.
• International water treaties date as far back as 2500 BC, when
the two Sumerian city-states of Lagash and Umma crafted an
agreement ending a water dispute along the Tigris River
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263 transboundary watersheds/basins
cover 45.3% of the land surface of the earth
affect about 40% of the world’s population
account for approximately 60% of global river flow
• The problem is growing – 214 international basins listed in a
1978 UN study and 263 today, largely due to political
changes and access to mapping technology
• 145 nations include territory within international basins
 21 nations lie in their entirety within international basins
 33 countries have greater than 95% of their territory within these basins
• 19 basins are shared by five or more riparian countries
• 158 (60%) international basins lack any type of cooperative
management framework
• Of the 106 basins with water institutions, approximately 2/3rd
have three or more riparian states, yet more than 80% of the
accompanying agreements are bilateral
• Climatic variability and uncertainty in river flows
• Rapid population growth, industrialisation and urbanisation
resulting in high demand for energy
• Environmental flows – a new demand
• High rate of groundwater extraction
• Regionalisation vis-à-vis bilateralism
• Proliferation of democracy 
http://www.internationalwaterlaw.org/
• Diversion of Water from the Meuse (Netherlands v. Belgium)
• Oscar Chinn (Britain v. Belgium)
• Territorial Jurisdiction of the International Commission of the
Oder River
• Jurisdiction of the European Commission of the Danube Between
Galatz and Braila
• Road Construction in Costa Rica along San Juan River
(Nicaragua v. Costa Rica)
• Activities by Nicaragua in the Border Area (Costa Rica v.
Nicaragua)
• Pulp Mills on the River Uruguay (Argentina v. Uruguay)
• Dispute regarding Navigational and Related Rights (Costa Rica
v. Nicaragua)
• Frontier Dispute (Republic of Benin v. Republic of Niger)
• Kasikili/Sedudu Island (Botswana v. Namibia)
• Gabcikovo-Nagymaros Project (Hungary v. Slovakia)
• Land, Island, and Maritime Frontier Dispute (Honduras v. El
Salvador) 1986, 2003
• Indus Waters Kishenganga Arbitration (Pakistan v. India)
Area 120 m ha
Irrigates 20 m acres
Eastern Rivers – 33 MAF
Western Rivers – 136.1 MAF
215 million people
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Pre partition conflicts
6 rivers flowing from India with 2 major head-works in India
Standstill Agreement (18 Dec 1947)
Inter-Dominion Agreement (4 May 1948)
1960 Indus Waters Treaty
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Divisive in nature, hence ‘equitable and reasonable utilisation’ is elusive
Failed to cope with hydrological extremes
Lacks environmental protection, preservation and management
Survived two full scale wars and regular ‘wars of words’
Still partially relevant and viable with a need to align with new realities
• Article IX: Settlement of
Differences and Disputes
• Indus Waters Commission
to decide the course of
settlement
• Indus Water Treaty to be
the applicable law, but
also:
 International conventions
establishing rules which are
expressly recognized by the
Parties
 Customary international law
Indus Water
Commissioners
Neutral Expert
Negotiators
Court of
Arbitration
Baglihar
• Neutral Expert appointed by
WB
• 2005-2007
• Win-win determination
 India allowed to construct dam
with some design changes
 Pakistan’s objections regarding
pondage and dam’s crest
elevation accepted
 Both parties agreed to the
determination
Kishenganga
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PCA
Mar 2010 to date
EIA recognised and demanded
Partial award
 India allowed to construct Run-ofRiver Plant through diverting
water but maintaining the
minimum flow of water at a rate
to be determined by PCA
 India not permitted reduction
below “Dead Storage Level” of
the water level in the reservoirs of
Run-of-River Plants
• Can both countries afford it to be a business as usual?
• Building upon the success of IWT – Addendum
• Cooperative water management through
 Joint research in the areas of climate change, hydrogeology, glaciology,
and geo-informatics through GIS based data collection and sharing
systems
 Mutual understanding and agreement on a timeframe for storage and
release of water in a mutually beneficial manner
 Joint adaption strategy to offset the impacts of climate change
 Catering the environmental flow needs
 Joint water development and energy generation
 Cost and benefit sharing
• Ratification of UNWC by both states
• Set an example for other conflicts in the region
… but the water problems of our world need not be
only a cause of tension; they can also be a catalyst for
cooperation…If we work together, a secure and
sustainable water future can be ours.
- Kofi Annan, February 2002
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