International Watercourses Law And A Perspective on Nepal-India Cooperation

by Surya Nath UPADHYAYKathmandu, Nepal: Ekta Books Distributors Pvt. Ltd., 2012. 435 pp. Hardcover: US $35.00 This book looks at water relationship between India and Nepal from International Law’s perspective. Rather than the never ending arguments about the politics involved, this book is designed to raise awareness on how opportunities to utilise water resources are being missed out. It also aims to answer some of the critical questions like where does the problem lie? How can the mutual trust be built and most importantly where to begin? The book is rich with primary resources and based on the first hand experience of the author himself who participated as a senior member of the negotiation team while concluding one of the treaties. Overall it is a significant attempt to raise public awareness regarding the problem. The contribution of this book shall help policy makers of both the countries to build harmonious way forward while addressing the problem of water shortage and energy crisis.

This book is divided into two parts with nine chapters in total. First part deals with international watercourses law which is dealt in chapter two and three. The second part looks at Nepal-India cooperation on watercourses which covers chapters four to eight. The final chapter concludes with valuable recommendation based on the analysis carried out in the book. Following the introductory chapter, the second chapter is dedicated to build understanding of international watercourses law. The chapter undertakes a detailed study of development of international law on the non-navigational use of international watercourses. While doing so the chapter presents wealth of materials including international conventions, various cases till date, national and international judicial decisions, various agreements and treaties and finally the opinion of leading advocates.

The research in chapter three demonstrates the importance of substantive and procedural law on international watercourses. It also examines the World Bank policy on international watercourses. Additionally this chapter observes whether World Bank tends to look into an issue from the point of view of its own interest or on the basis of the principle of the customary law on the subject. The findings of the chapter is presented in an interesting manner whilst answering some of the critical question like whether World Bank is immune from the shadow of the politics by powerful nation?

Chapter four introduces the river systems of Nepal which shows how blessed Nepal is in terms of water. This chapter examines how despite all of the rivers from Nepal flowing to India water stress still exists in India. Additionally, this chapter also recommends some of the ways by which India can enhance the water supply in dry season by creating reservoirs in Nepal. Likewise, it also looks at the potential of generating energy through rivers from Nepal. The author suggests that the rivers are more than capable of feeding the increasing energy demand in both the countries. The chapter also introduces other possibilities that are being missed out such as inland river transportation which could drastically reduce the transportation cost and link Nepal and other provinces of India to the coast lines. The chapter also aims to raise awareness on unmanaged rivers that has had and will continue to create huge loss of life and property. The writer has urged for immediate attention to the problem and mentioned that without a long term visionary plan the fate of millions of people in Nepal and India is likely to be determined by the fury of the monsoon. The writer interesting demonstrates how this is more of a compulsive issue to India compared to Nepal.

Chapter five and six looks at two major projects in Nepal, the Kosi Project Agreement and the Gandak Project Agreement respectively. The analysis carried out in these chapters suggests that Nepal is deprived of the benefits that it was promised and agreed hence in reality the act of balancing benefits is completely missing. The author

additionally provides valuable suggestion on the way forward in the future where he highlights some of the key issues that needs to be addressed and summaries lessons for the future.

Chapter seven presents the Treaty on Integrated Development of Mahakali River. One of the reasons that make this chapter interesting is the fact that the author himself was involved in negotiation of this treaty. Hence due to the first hand experience of the writer the analysis presented in this chapter has unparalleled credentials. The study also shows that the treaty is partially implemented and some of the interpretations are subject to controversy.

Chapter eight analyses the approach of India towards other nations with whom it shares watercourses. India’s approach and cooperation is pivotal as it has a direct impact on countries which shares the watercourses. Some of the other issues that are discussed are history of negotiation on Indus, the sharing of Ganges water, unilateral actions taken by India in relations to neighbours and the restrictions to codification of international law on the non-navigational uses of water courses shared by more than one country.

In the final chapter the author demonstrates what lies ahead for India and Nepal in water resources cooperation. The chapter looks at how Nepal is in an advantageous position compared to India because of Nepal's topography which is more suitable for building huge reservoirs. Nonetheless the author mentions that through bilateral negotiations both countries can cherish mutual benefit. The chapter also sheds light on the changing climate and its impact on water resources, the writer states that proper management of water resources is must for the increasing population to sustain and urges that it needs to start sooner than later.

Overall, apart from enlightening the readers about the current scenario the book also puts together various possibilities from water resources and ways of utilising it. As going through the book the message that this issue needs immediate attention gets clearer. It must be mentioned that the writer has actually put aside his sentiments of unfair treatment and proposed to look forward for a better future for both the countries and what he believes to be a “nobody losing, but everybody wining scenario”.

reviewed by B.J. KARKI