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Bangladesh–India: Treaty on Sharing of the Ganges Waters at Farakka

Published online by Cambridge University Press:  27 February 2017

Philippe Sands
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Extract

The Bangladesh–India Treaty on sharing the waters of the Ganges River and the India–Nepal Treaty on sharing the waters of the Mahakali River [36 I.L.M. 531 (1997)] are intended to bring to an end long–running differences between India and her neighbors over the entitlement to water flows following the construction by India of barrages on the Ganges and Mahakali Rivers. The treaties establish long–term water discharge regimes of 30 and 75 years respectively, focusing on the utilization of waters rather than their conservation.

Type
Treaties and Agreements
Information
International Legal Materials , Volume 36 , Issue 3 , May 1997 , pp. 519 - 528
Copyright
Copyright © American Society of International Law 1997

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References

* The Bangladesh–India Treaty on Sharing of the Ganges Waters is reproduced from the text provided by the Indian Embassy in Washington, DC. The Introductory Note was prepared for International Legal Materials by Philippe Sands, Reader in International Law at the University of London (School of Oriental and African Studies) and Global Professor of Law, New York University School of Law.)

[The India-Nepal Treaty Concerning the Integrated Development of the Mahakali River, February 12, 1996, appears at 36 I.L.M. 531 (1997); the UN Convention on the Law of the Non-navigational Uses of International Watercourses, adopted by the UN General Assembly on May 21,1997, appears at 36 I.L.M. 700 (1997); the Israel- Jordan-Palestine Liberation Organization Declaration on Cooperation on Water-Related Matters, February 13,1996, appears at 36 I.L.M. 761 (1997); and the Bangladesh-India Agreement on Sharing of the Ganges' Waters, November 5, 1977, appears at 17 I.L.M. 103 (1978).

[For additional information, contact die Ministry of Foreign Affairs, Segunbagicha, Dacca, Bangladesh (tel.: 88 02 832490), or the Ministry of External Affairs, Legal and Treaties Division, New Delhi, India (tel.: 91 11 381839; fax: 91 11 3010680).]

1 See e.g. International Law Commission's draft Artices on the Law of Non-Navigational Uses of International Watercourses, 1994. On April 4, 1997 the Sixth Committee of the 51st United Nations General Assembly adopted a draft Convention on the Law of Non-Navigational Uses of International Watercourses, based largely on the ILC draft Articles: UN Doc. L.3/L.4ADD.1/CRP.94 (Resolution A/RES/51/206). Bangladesh voted in favor, India abstained, and Nepal was not present.

2 See Agenda 21, Chapter 18, “Protection of the quality and supply of freshwater resources: application of integrated approaches to the development, management and use of water resources”, UNCED Report, A/CONF.151/26/Rev.1 (Vol. I) (1993).

3 Bangladesh-India: Agreement on Sharing of the Ganges’ Waters, Dacca, November 5, 1977; 17 I.L.M. 103 (1978).

4 The 1992 treaty had provided only 2 megawatts and 150 cusecs.