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The Law of Non-Navigational Use of International Watercourses

The Law of Non-Navigational Use of International Watercourses Options for Regional Regime Building in Asia

Author: Nahid Islam
Publisher: Kluwer Law International
ISBN: 9789041131966
Published In: January 2010
Format: Hardback , 536 pages
Jurisdiction: Asia ? Disclaimer:
Countri(es) stated herein are used as reference only

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Despite Asia's large share of global water resources, and the importance of its water for sustaining one of the largest agrarian populations in the world, Asia's trans boundary water resource management regimes are poorly developed. There are only two working international regimes in South and South-east Asia: the Mekong and the Indus regimes. The remaining international watercourses in Asia are used by riparian countries in a self-interested manner, without much consideration for the interests of other states or for the environment. These national interests do not often represent the interests and needs of the local people.

This book is divided into three Parts.

Part I discusses the different contexts of law-making in the industrialized west and in agrarian societies in Asia, as well as the changing context of law-making following the emergence of the concept of sustainable development.

Part II discusses the regime of international watercourses.

Part III of the book presents two case studies in Asia: the Mekong and the Ganges. The main argument is that in the absence of public participation in decision-making and resource management, the basin states revert to using the watercourses according to the principles of the classical regime. The result, so far, has been unsustainable development, environmental degradation and growing poverty of local user communities.

Preface. List of Abbreviation. Foreword. Introduction.

Part I. The Changing Context of the Law of Non-navigational Uses of International Watercourses.

Chapter 1. The Historical Context of the Law of Non-navigational Uses of International Watercourses.

Chapter 2. Asian Community Water Management Practises.

Part II. Continuity and Change in the Law of Non-navigational Uses of International Watercourses.

Chapter 3. The Classical Law of Non-navigational Uses of International Watercourses.

Chapter 4. The Impact of the Principles of Sustainable Development on the Law of Non-navigational Uses of International Watercourses.

Part III. Experiences and Options for Regional Regoime-Building in Asia.

Chapter 5. The Case of the Mekong River Basin.

Chapter 6. The case of the Ganges River Basin.

Conclusion. New Directions in the Law of Non-navigational Uses of International Watercourses.

Annex I. Convention on the Law of Non-navigational Uses of International Watercourses.

Annex II. Agreement on the Cooperation for the Sustainable Development of the Mekong River Basin.

Annex III. Treaty between the Government of the People’s Republic of Bangladesh and the Government of the Republic of India on Sharing of the Ganga/Ganges Waters of Farakka. Bibliography. Index.