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Abstract
The aim of this paper is to analyse the coverage of the principles of transboundary water resources management in two key bilateral treaties in the Ganges Basin. The treaties are the 1996 Mahakali Treaty between Nepal and India and the 1996 Ganges Water Treaty between India and Bangladesh. The study reveals that both treaties incorporate several internationally recognized transboundary water resources management principles, e.g. the principle of equitable and reasonable utilization, an obligation not to cause significant harm, principles of cooperation, information exchange, notification, consultation and the peaceful settlement of disputes. The presence of these internationally accepted principles in these two treaties offer plenty of common ground, which could serve as guidelines to promote sustainable water resources management throughout the region.
Acknowledgements
The author gratefully acknowledges the financial support of the Graduate School for Real Estate, Construction and Planning for this study. He also wishes to thank Professor Olli Varis and Professor Pertti Vakkilainen for their constructive comments, guidance and suggestions. Special thanks are due to Professor Ari Jolma, Salman M. A. Salman and the Water Resources Laboratory Staff from the Helsinki University of Technology.
Notes
1. Biswas (Citation1999, pp. 439–440) notes that none of these factors mentioned in Article 6(1) of the UN Watercourses Convention can be defined precisely as they are broad and general. Accordingly, these can be defined and quantified in a variety of different ways.
2. The agreement concluded at the administrative level is known as the Memorandum of Understanding (Birnie & Boyle, Citation2002, p. 13).
3. For a comprehensive analysis of the Mahakali and Ganges Treaties, see Salman & Uprety (Citation2002).
4. The Convention was open for signature from 21 May 1997 until 20 May 2000 (Article 34). States or regional economic integration organizations, however, may continue to ratify, accept, approve or accede to the Convention indefinitely (Article 36).
5. For detailed analyses of these different interpretations, see Salman (Citation2007a).