A Comparative Study of Conflict-Prevention Mechanisms over International Rivers in India

Abstract

This study considers the conflict-prevention mechanisms over international rivers between India and its neighboring countries (Pakistan, Bangladesh, and Nepal). India is a country where three important international rivers flow. The discussion concerns the Indus, the Ganges and the Mahakali rivers. Conflicts have taken place in the past over water resources between India and its neighboring countries, but India has presently signed treaties and Memorandum of Understandings and established mutually acceptable mechanisms for the development and management of the rivers. Furthermore, they have put in place permanent joint organizations, exchange of data, and river inspections.

Previous studies have analyzed how the conflict-prevention mechanisms were established in the process; however, no one has examined their effectiveness and weaknesses. In addition, there are no studies comparing policies and diplomatic efforts for all three rivers.

India and its neighbors have instituted permanent joint organizations to manage the water resources and have kept these organizations far from another politics. The role of mechanism’s factor is important and thus it was also investigated. For example, in the case of the Indus River, the mechanism does not specify the quantity of water allocated as shown in the Ganges River, but it effectively provides for a territorial type of sharing. It does not change the bounders between India and Pakistan, but traces a fictitious line that divides the basin and limits the sovereign rights of use of each state. In the case of the Mahakali River,which is at the border of India and Nepal, both countries benefited equally from the instituted irrigation and flood management policies.

Finally, this study examined the weaknesses of the conflict-prevention mechanisms. In the case of the Indus River, Pakistan has filed complaints against India to the Permanent Court of Arbitration concerning water resources for India to resolve the conflict. The court favored Pakistan on three out of four points, namely the restriction on India to maintain the minimum flow of the River, environmental protection and the diversion of water. However, the court ruled against and maintained that the instituted mechanisms function well.

In conclusion, while water supply and demand across the world is tight, considering mechanisms to prevent conflicts over water resources between countries will be significant. Especially, water demand in Asia is even sharply increasing compared to the world. Among them, India is a unique example of a country that shares waterways with more than one country.