TRANSBOUNDARY WATER MANAGEMENT

– Compiled by Aditya Sircar

Nota bene: This given document, written in the form of an article is written solely for the purpose
of discussing the above-mentioned issues on a wider ambit. Seeing as to the fact of the complexity
of the issue, opinions may have a biased front. That would not by any means be an article to offend
any individual and /or entity.

INTRODUCTION

Before we delve into what exactly is going on with regard to above mentioned topic,
it is pertinent that we understand the primary question in depth. That being said one
may ask what this primary question is –

1. What are transboundary waters?

As per Article 1(1) of the Convention on the Protection and Use of Transboundary
Waters and International Lakes, Transboundary waters means any surface or ground
waters which mark, cross or are located on boundaries between two or more States;
wherever transboundary waters flow directly into the sea, these transboundary
waters end at a straight line across their respective mouths between points on the
low-water line of their banks.

As per Article 1(2) of the Convention on the Protection and Use of Transboundary
Waters and International Lakes, Transboundary impact means any significant
adverse effect on the environment resulting from a change in the conditions of
transboundary waters caused by a human activity, the physical origin of which is

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situated wholly or in part within an area under the jurisdiction of a Party, within an
area under the jurisdiction of another Party. Such effects on the environment include
effects on human health and safety, flora, fauna, soil, air, water, climate, landscape
and historical monuments or other physical structures or the interaction among these
factors; they also include effects on the cultural heritage or socio-economic
conditions resulting from alterations to those factors.

PROBLEMS

Transboundary waters which are inclusive of aquifers, lakes river basins etc. which
are shared by other countries supports lives and livelihoods of vast numbers of
people across the world. In an era of increasing water stress, how we manage these
critical resources is vital to promoting peaceful cooperation and sustainable
development.

Depleted and polluted transboundary water supplies have the potential to cause
social unrest and initiate conflict within and between two nations who share the
waters. Therefore, to deal with the said issue at hand it is pertinent to have an
integrated approach to the water resource management based on legal and
institutional frameworks with an outlook for a collaborative effort or shared
advantages and costs.

One must understand that irrespective of the fact that the Water Convention gives
provisions and even provides solutions to the use and protection of these waters, it
is rarely a situation of reality. For this purpose, we will consider a small example to
prove the point – the disputes of the same in south-western Chinese borders.

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CASE STUDY – CHINA

China has the world's second-largest economy. Continued growth will place
increased demands on the 40 major transboundary watercourses which it shares with
Afghanistan, Bangladesh, Bhutan, Cambodia, India, Kazakhstan, Kyrgyzstan, Laos,
Mongolia, Myanmar, Nepal, North Korea, Pakistan, Russia, Tajikistan, and
Vietnam. More than two-thirds of China's most important transboundary rivers
originate in China, which is upstream on most of its shared international
watercourses. China voted against the UN resolution to adopt the 1997 United
Nations Convention on the Law of the Non-navigational Uses of International
Watercourses and does not appear ready to accede to it in the near future. However,
China continues to conclude treaties related to the development and management of
its shared transboundary water resources.

China has signed border treaties with all of its neighbour countries except Bhutan
and India.

I. India – China Dispute:

• China has taken up massive dam building projects in Tibet. Since the flow of
water is immensely strong from this region it will adversely affect two rivers
in priority. Them being:
a) Mekong River;
b) Brahmaputra River.
• China has adhered to its 12th Fiver Year Plan and stuck to building dams. Both
Brahmaputra and the glaciers that feed Ganga originate in China. As
an upstream riparian region, China maintains an advantageous position and

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 can build infrastructure to intentionally prevent water from flowing
downstream.
• Owing to previous tendencies where the Chinese have been reluctant to
provide details of its hydro-power projects, there is a trust deficit between the
two neighbours.
• China’s dam-building and water division plans along the Brahmaputra called
Yarlung Zangbo in China, which is a source of tension between the two
neighbours, despite the two having signed several MoUs on strengthening
communication and strategic trust.
• As lower riparian countries, India and Bangladesh rely on the Brahmaputra’s
water for agriculture.
• China has now planned to build four more dams on the Brahmaputra in Tibet.
Both India and Bangladesh worry that these dams will give Beijing the ability
to divert or store water in times of political crisis.
• India, for its part, has built dams on the Teesta River, a tributary of the
Brahmaputra, to utilize the flow of the Teesta during the dry season.

II. Observations

From the looks of how China is behaving certain observations can be made. Firstly,
of the limited number of agreements regarding China's numerous transboundary
watercourses, most do not focus exclusively on international watercourses. China
has concluded only four treaties in this area. Secondly, the majority of transboundary
water treaties relate to waters in the northern parts of China (north-east and north-
west); few formal arrangements are in place for the south-western region, where
China shares numerous important international watercourses – the Mekong and

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Indus are just two examples. Thirdly, China's transboundary water treaties are
primarily bilateral, despite the fact that some of the shared waterways cover more
than one other state.
Like other “hydro-hegemons” including India, China's foreign policy strategy in this
area has been “one country, one treaty” rather than embracing a basin-wide
approach.

CONCLUSION
Even an ostensibly positive action can have a negative reaction.
For instance, a unilateral move by one country to adapt to climate change by building
a dam could drastically reduce a river’s flow downstream in another country. The
way in which transboundary waters are managed affects sustainable development
within and beyond a country’s borders. Therefore, it is essential that we as global
citizens really understand that to achieve benefits and thereupon attain success one
must clearly know the art of collaboration and understand that it is better to rather
share the benefits than not have them at all.
Transboundary water management creates benefits for everyone to share
international trade, climate change adaptation, economic growth, food security,
improved governance, and regional integration.
There are reasons to be optimistic as Since 1948, there have been 37 incidents of
acute conflict over water, while approximately 295 international water agreements
were negotiated and signed in the same period. This includes the UNECE Water
Convention, a legal framework for transboundary water cooperation worldwide.
However, around two-thirds of the world’s transboundary rivers do not have a
cooperative management framework.

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