Resolving conflicts over transboundary watercourses: an Indian perspective
Student name: Mr Aditya Sharma
Guide: Dr Ram Karan Singh
Year of completion: 2007
Abstract: It is being increasingly felt in the international circles that water is likely to be the most pressing environmental concern of the next century (American Academy of Arts and Sciences, 1994). Waters, which traverse the international/national boundaries, have an added element of complexity and uncertainty associated with them because of the multiplicity of managers. This paper is an attempt to understand Cauvery river basin dispute and draw conclusions for futuristic scenarios interpreting the same in terms of existing international water laws, constitutional provisions etc. This paper is divided into five Chapters.
The first Chapter analyzes the evolution of international law on transboundary watercourses along with the work done by the international organizations like International Law Commission, Institute of International Law etc. International Water Laws are still in formative stage of development with regard to non-navigational uses. Early 20th century saw decline of supremacy of navigation in matters involving international rivers and gradually various doctrines / practices like ‘Absolute Territorial Integrity’, ‘Absolute Territorial Sovereignty’ etc. started taking shape. Institute of International Law contributed towards codification of principals and regulations for non-navigational use of international waters under Madrid Declaration in 1911 followed by Geneva Convention under League of Nations in 1923 and Salzburg Resolution in 1961. These declarations rejected principal of absolute territorial sovereignty and codified the principal of not causing appreciable harm to another Riparian. UN Convention provided frame work which aims at ensuring utilization, development, conservation, management and protection of international watercourses.
The second Chapter analyzes the sufficiency of the Indian Constitutional provisions and the parliamentary legislations in providing a comprehensive and lasting solution to the problems of interstate rivers in India. The Constitutional provisions relating to the Centre-state relations are discussed with a special emphasis on the provisions relating to the water disputes. The relevant parliamentary legislations have been critically examined.
In Chapter three Cauvery river basin have been studied as the understanding of same is essential. This Chapter covers the geographical course of the river, the terrain, the rainfall, cropping pattern and types of soil of the basin area.
Chapter four discusses the historical background of the dispute, starting from 1892 Agreement between Mysore and Madras State on the sharing of Cauvery waters, subsequent developments including 1924 Agreement and the construction, in its framework, of KRS & Mettur reservoir, the first storage works in the basin. The subsequent developments, and the resultant built up of the dispute eventually leading to formation of Cauvery water disputes tribunal in 1990 have also been covered in detail in this Chapter.
Chapter five examines the tribunal award published in Feb. 2007 which is followed by conclusions and lessons drawn from the subject study.
