Transcript International legal principles Concerning the Farakka Barrage

Marie-Laure Capela
James M. Decker
Tamara Hale
Roy Nichols
Aaron Thomas
Geographical and Hydrological Setting and Description
History Relevant to the Brahmaputra River Basin
Brahmaputra River Basin
 transboundary river of Asia: China, India, Bangladesh
 total length : 2850km / 1800miles and the area is
651.334 km2
 Origin of the river in Tibet
 Merges with the Ganges river : world’s largest delta
 Different names:
in Tibet → Yarlung Zangbo river and
Brahmaputra to the east of Nyingchi
In Anaruchal Pradesh → Siang or Dihang river
In India → Brahmaputra river (“son” of Brahma)
in Bangladesh → Jamuna river
 From June to October → monsoon season, massive
flooding increasing with deforestation and other human
activities : cause damages
 Used as a chief waterway after Indian independance in
1947
 sensitive geo-political situation with ongoing territorial
disputes
traditional grain crop in Tibet
States With Interests in the Brahmaputra River Basin
Navigational and Non-Navigational Uses of the Brahmaputra
River Basin
Transportation
Irrigation
Religion
Pleasure
Conflicts and Disputes Over the Brahmaputra River Basin
Legal Regimes/Agreements Related to the Brahmaputra River
Basin
Farakka Barrage
International Legal Agreements
Obstacles to Agreement
Initially India asserted an absolute territorial sovereignty approach.
India denied that the Ganges was an international river citing that
99% of its catchment area lay within India.
India later retracted this view and adopted the view that each
riparian State was entitled to a reasonable and equitable share of the
waters of an international river.
Since 1972 both India and Bangladesh have followed an approach
of Limited territorial sovereignty.
A new massive water project India is considering has
the potential to greatly affect Bangladesh’s water from
the Ganges and Brahmaputra.
The Future of the Brahmaputra River Basin