This study through a comparative analysis of the Ganges agreements and `codified’ rules of international law has attempted to see whether a wider interpretation of applicable international law and due regard to environmental rules could improve the existing Ganges regime and inspire agreed basin-wide development of other rivers.
Although based on the Ganges River, the book has also touched upon the loopholes in negotiations on some other shared rivers of the regions. It argues that the traditional model of negotiation on the ‘sharing’ of transboundary rivers of this region should be revisited to make ways for basin-wide integrated utilization and management of these rivers.
While this topic also involves political and technological issues, the author believes that a better understanding of legal factors may contribute to easing tensions on those issues. This book aims to contribute to such learning. It should cater to the interest of policymakers, academicians, activists, and students interested in this region’s development.
Chapter 1
Introduction
1.1 Legal Principles Applicable to the Ganges Case
1.2 The Focus of This Study
1.3 Justification for a Fresh Look
1.4 Organisation and Structure
1.5 Scope and Limitations
Chapter 2
Ganges Water Dispute: A Factual Context
2.1 The Ganges River and Its Utilisation
2.2 Background of the Farakka Project
2.3 Parliamentary Debates on Competing Interests
Chapter 3 Controversy over Legality of the Farakka Project
3.1 India-Pakistan Discussions and Disputed Issues
3.2 Customary Rules Relating to Farakka Barrage
Construction
3.3 Relevance of International Instruments
Chapter 4
Short-Term Sharing of the Ganges: Legal Aspects
and Legacies
4.1 Early Accords and Discords
4.2 Contents of Applicable Law
4.3 Interpretation of Equitable Sharing of the
Ganges Water
4.4 Short-term Sharing Agreements of the Ganges
and Their Legacies
Chapter 5
Current Regime on Long-Term Sharing and
Its Inadequacy
5.1 Shift to Long-term Sharing
5.2 The 1996 Treaty: Principles, Provisions and
Procedures
5.3 Poor Performance of the Treaty
Chapter 6
Recent Developments of International
Watercourse Law
6.1 The 1997 Watercourse Convention
6.2 Relevance of the 1997 Convention
6.3 Environmental Focus of International
Watercourse Regime
6.4 The 1996 Treaty and Contemporary
International Law
Chapter 7
Conclusion
7.1 Stalemate in Bangladesh-India Negotiations
7.2 Shadow of the Post-colonial Era
7.3 Missing Points in Indo-Bangladesh Negotiations
7.4 The Way Forward