Skip to main content
×
Home
    • Aa
    • Aa

Damming and Infrastructural Development of the Indus River Basin: Strengthening the Provisions of the Indus Waters Treaty

  • Durgeshree RAMAN (a1)
Abstract
Abstract

Whilst the Indus Waters Treaty of 1960 allows for damning and infrastructural development in the Indus River Basin, it does so without factoring in environmental considerations. This is because environmental standards in international law, except those related to pollution control, were largely absent when the Treaty was negotiated in the 1950s. Given the increasing list of development-related disputes between India and Pakistan, and their aspirations for further damming and other infrastructural works in the Basin, this paper seeks to close the gaps in the Treaty’s provisions and developments in international environmental law to date. To do so effectively, the paper analyzes the relevant provisions of the UN Watercourses Convention, supplemented with an examination of the European regional framework. Based on these, it proposes changes to the Treaty so that both India and Pakistan are able to work within a legal framework which not only provides for environmental impact assessments for planned projects, but enhances monitoring, assessments, and reporting. This will ensure that such developments are not only environmentally sound but also help to alleviate some of the disputes between India and Pakistan.

Copyright
Footnotes
Hide All
*

Teaching Fellow, Te Pringa – Faculty of Law, University of Waikato, New Zealand.

Footnotes
References
Hide All
Thayer SCUDDER , Global Threats, Global Futures: Living with Declining Living Standards (Northampton: Edward Elgar Publishing, 2010)

Nobuo MIMURA , ed., Asia-Pacific Coasts and Their Management: States of Environment (Dordrecht: Springer, 2008) at 11

Matthew ZENTNER , Design and Impact of Water Treaties: Managing Climate Change (Berlin: Springer-Verlag Berlin Heidelberg, 2012)

Jerome Delli PRISCOLI and Aaron T. WOLF , Managing and Transforming Water Conflicts (Cambridge: Cambridge University Press, 2009)

D.E. FISHER , The Law and Governance of Water Resources: The Challenge of Sustainability (Cheltenham: Edward Elgar Publishing, 2009)

Stephen E. DRAPER , Sharing Water in Times of Scarcity: Guidelines and Procedures in the Development of Effective Agreements to Share Water Across Political Boundaries (Reston, VA: ASCE Publications, 2006)

Christina LEB , Cooperation in the Law of Transboundary Water Resources (New York: Cambridge University Press, 2013)

Ariel DINAR , Stephen MCCAFFREY , Shlomi DINAR , and Daene MCKINNEY , Bridges Over Water: Understanding Transboundary Water Conflict, Negotiation and Cooperation (Singapore: World Scientific Publishing, 2007)

E. KAMPA , Heavily Modified Water Bodies: Synthesis of 34 Case Studies in Europe (Berlin: Springer, 2004)

J. Baird CALLICOTT , “Postmodern Ecological Restoration: Choosing Appropriate Temporal and Spatial Scales” in Kevin DELAPLANTE, Bryson BROWN, and Kent A. PEACOCK, eds., Philosophy of Ecology (Oxford: Elsevier, 2011), at 312–15

Brigitte NIXDORF , Atis REKTINS , and Ute MISCHKE , “Standards and Thresholds of the EU Water Framework Directive (WFD)—Phytoplankton and Lakes” in Michael SCHMIDT, et. al. eds., Standards and Thresholds for Impact Assessment (Berlin: Springer, 2008),

Recommend this journal

Email your librarian or administrator to recommend adding this journal to your organisation's collection.

Asian Journal of International Law
  • ISSN: 2044-2513
  • EISSN: 2044-2521
  • URL: /core/journals/asian-journal-of-international-law
Please enter your name
Please enter a valid email address
Who would you like to send this to? *
×

Metrics

Altmetric attention score

Full text views

Total number of HTML views: 2
Total number of PDF views: 23 *
Loading metrics...

Abstract views

Total abstract views: 167 *
Loading metrics...

* Views captured on Cambridge Core between 15th June 2017 - 17th October 2017. This data will be updated every 24 hours.