This blog is written by Maria Binte Belal, a Law Graduate of Chandigarh University

Introduction

Due to the influence on millions of people, international water disputes are among the hardest to settle. The continuous dispute between Bangladesh and India over shared river systems, which are essential for both countries' agriculture and lives, is a well-known example of such a conflict. International water treaties are often employed to address these conflicts and promote mutual benefits. This blog explores the future directions for resolving such disputes and examines the role of international accords in the Bangladesh-India water conflict.

Historical Context of the Water Dispute

India and Bangladesh are at odds over water rights, with the Ganges (called the Padma in Bangladesh), Brahmaputra (called the Jamuna in Bangladesh), and Teesta rivers at its core. This issue has its roots in the colonial era when river management techniques were applied without considering the requirements of later independent governments. Water-sharing concerns emerged as a major diplomatic difficulty following the 1947 split of British India and the 1971 creation of Bangladesh. Tensions have often arisen due to the allocation of water resources, particularly over the Teesta River. When India diverts water to meet its needs, Bangladesh, heavily reliant on these rivers for agriculture and water security, faces difficulties. This has strained diplomatic relations and regional stability.

Role of International Water Treaties

The role of international water treaties is massive to mitigate disputes among countries. It establishes a legal framework among signatory countries. It helps states to prevent conflict cooperate peacefully and use water in such a way that both country's people can be benefited economically and environmentally. To Ensure long-term water security at the time of balancing the necessity of mass people of both countries mainly it is the core purpose of these treaties.

International Water Laws and Principles

International water law is a collection of agreements that were made to promote cooperation between governments that share freshwater resources. These agreements take the form of norms, treaties, and principles. Key governing principles of this law are the principle of equitable distribution, not to the cause of harm to another territory, the duty to cooperate, and ecological protection.

Successful Case Studies

One notable example is the Indus Water Treaty established in 1960 between India and Pakistan. Despite ongoing political issues, this treaty has been praised for reducing water-related conflicts. It demonstrates that even in complex scenarios, formal agreements can lead to collaboration and serve as models for other conflicts.

Significant Water Treaties Among Bangladesh and India

The Ganges Water Sharing Treaty is one of the significant treaties between Bangladesh and India. This treaty laid the groundwork for equitable water distribution and conflict resolution. However, implementation challenges, such as adhering to agreed flow rates, have persisted. Efforts to establish a comprehensive agreement for the Teesta River have yet to succeed. The primary concerns include the distribution of water during the dry season and its effects on regional agriculture. Political and practical issues continue to impede progress, highlighting the complexity of resolving and the need for ongoing negotiations.

Effect of International Water Treaties on the Conflict

For reducing tensions between Bangladesh and India, Water treaties have played a crucial role. The treaties have brought about benefits such as enhanced water management practices and increased agricultural productivity in Bangladesh. These agreements support sustainable ecosystems and promote environmental conservation.

Challenges and Limitations

Despite their successes, treaties often face enforcement and compliance issues. Discrepancies in water flow measurements and political disputes can undermine the effectiveness of agreements. So, this is the reason, for both nations continuous effort is necessary to mitigate the equitable distribution challenge and ensure fairness.

Future Prospects and Recommendations

Concerning the Teesta River there is a potential chance to address unresolved issues by developing new agreements. Revising existing treaties or creating new protocols could offer more comprehensive solutions, fostering better cooperation and mutual benefits. Improving the implementation of current treaties is crucial. Maintaining the effectiveness of agreements can be aided by bolstering enforcement and review procedures. Planning together and managing water resources together can produce more fair and sustainable results. Working together guarantees that resources are shared for the benefit of all and fosters trust. Collective efforts can also lead to innovative solutions for problems relating to water.

Conclusion

Resolving the dispute between Bangladesh and India International water distribution treaties plays an important role. These treaties play an important role in maintaining peace and development in the territory by providing equitable frameworks and advancing cooperation. For establishing long-term tranquility and fruitful supervision of shared water resources requires maintaining communication, cutting-edge thinking, and reciprocal attempts.

References:

1. François Molle and Jeremy Berkoff, 'The Politics of Water: The Role of Water in Conflict and Cooperation' in François Molle and Jeremy Berkoff (eds), Water Resources Management (Routledge 2006) 65.

2. Joyeeta Gupta and Pieter van der Zaag, 'The Ganges Water Dispute: A Critical Review of the Treaty and its Implementation' (2008) 8 International Environmental Agreements: Politics, Law and Economics 171.

3. Prokash Dey and Shahedul Tareque, 'Water Conflicts in the Brahmaputra Basin: A Case Study of India and Bangladesh' (2020) 17 Asian Journal of Water, Environment and Pollution 65.

4. International Water Law, IWRM Action Hub (Global Water Partnership, 2023) https://iwrmactionhub.org/learn/iwrm-tools/international-water-law accessed 3 September 2024.

5. Brigadier General Mohammad Shaheenul Haque, ‘Water Sharing Scenario Between Bangladesh and India: A study Towards Future Prospects’ NDC E-Journal Page https://ndcjournal.ndc.gov.bd/ndcj/index.php/ndcj/article/download/224/201/439 accessed 5 September 2024.