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Synergies between the Watercourses Convention and the World Bank Policies and Practice
Author:
Notification of co-riparian states of planned measures on shared watercourses has been widely accepted as an established principle of international water law, and is codified and elaborated in the United Nations Watercourses Convention. However, despite this wide acceptance, differences have arisen on operationalizing notification, including on which riparians are required to undertake notification, and which riparians are entitled to it. Issues have also arisen on how to deal with the different types of responses that may ensue following notification. The World Bank has been financing projects on international watercourses since its inception in 1946, and has built an extensive wealth of policies and experience in this field. This monograph discusses the historical and legal foundations of notification under international law, analyzes the policies and implementation experience of the World Bank thereon, and identifies comparators and synergies between the provisions of the Watercourses Convention and the Bank policies and practice.
Synergies between the Watercourses Convention and the World Bank Policies and Practice
Author:
Notification of co-riparian states of planned measures on shared watercourses has been widely accepted as an established principle of international water law, and is codified and elaborated in the United Nations Watercourses Convention. However, despite this wide acceptance, differences have arisen on operationalizing notification, including on which riparians are required to undertake notification, and which riparians are entitled to it. Issues have also arisen on how to deal with the different types of responses that may ensue following notification. The World Bank has been financing projects on international watercourses since its inception in 1946, and has built an extensive wealth of policies and experience in this field. This monograph discusses the historical and legal foundations of notification under international law, analyzes the policies and implementation experience of the World Bank thereon, and identifies comparators and synergies between the provisions of the Watercourses Convention and the Bank policies and practice.
Challenges of Negotiating and Enforcing Treaties
Shared water resources in South Asia face various challenges including scarcity, population growth, and climate change impacts on all the riparians. Consequently, national calls for water security have become louder. As a result, collaboration among the nations of South Asia for ensuring equitable sharing of such water resources has not been optimal. While most countries do not have reliable systems for data generation, those possessing some hydrological data consider them state secrets, restricting their exchange. Even when treaty obligations exist, data-sharing practices are ad hoc, and the range of information shared is limited. Thus, negotiating new transboundary water treaties amongst South Asia’s riparian countries has become a daunting task, and enforcing existing ones remains a real challenge.
Challenges of Negotiating and Enforcing Treaties
Shared water resources in South Asia face various challenges including scarcity, population growth, and climate change impacts on all the riparians. Consequently, national calls for water security have become louder. As a result, collaboration among the nations of South Asia for ensuring equitable sharing of such water resources has not been optimal. While most countries do not have reliable systems for data generation, those possessing some hydrological data consider them state secrets, restricting their exchange. Even when treaty obligations exist, data-sharing practices are ad hoc, and the range of information shared is limited. Thus, negotiating new transboundary water treaties amongst South Asia’s riparian countries has become a daunting task, and enforcing existing ones remains a real challenge.
An Historical and Legal Analysis
Author:
The World Bank Policy for Projects on International Waterways: An Historical and Legal Analysis discusses the evolution and context of the Bank policy for projects on international waterways. It starts with a brief description of how the Bank faced the challenges stemming from such projects, and analyzes the different approaches deliberated by the Bank that led to the issuance of the first policy in 1956. It then examines the main features, as well as the implementation experience, of each of the policies issued in 1956, 1965, and 1985. The principles of international water law prevailing at each stage are reviewed and compared with those of the Bank policy. The book discusses in detail the notification process, the different riparians’ responses, and how objections to Bank-financed projects are handled, as well as the exceptions to the notification requirement. It also assesses how the Bank has dealt with transboundary groundwater, and the linkages of the policy with the policies on disputed areas and environmental impact assessment. The book concludes with an overview of the main findings and lessons drawn from the implementation experience.
An Historical and Legal Analysis
Author:
The World Bank Policy for Projects on International Waterways: An Historical and Legal Analysis discusses the evolution and context of the Bank policy for projects on international waterways. It starts with a brief description of how the Bank faced the challenges stemming from such projects, and analyzes the different approaches deliberated by the Bank that led to the issuance of the first policy in 1956. It then examines the main features, as well as the implementation experience, of each of the policies issued in 1956, 1965, and 1985. The principles of international water law prevailing at each stage are reviewed and compared with those of the Bank policy. The book discusses in detail the notification process, the different riparians’ responses, and how objections to Bank-financed projects are handled, as well as the exceptions to the notification requirement. It also assesses how the Bank has dealt with transboundary groundwater, and the linkages of the policy with the policies on disputed areas and environmental impact assessment. The book concludes with an overview of the main findings and lessons drawn from the implementation experience.
A Legal Perspective
Water resources management is receiving increasing attention worldwide due to the considerable challenges that face the quantitative and qualitative aspects of water. These challenges are attributed to a multitude of factors, including the significant increase in population, urbanization and environmental degradation. Such factors are more apparent in the South Asian Sub-continent (Bangladesh, India, Nepal and Pakistan) than many other parts of the world. Moreover, the problems of the Sub-continent are compounded by the fact that it encompasses some 20 major international rivers. As a result, the Sub-continent has had to deal with some of the most difficult disputes over international rivers, while at the same time it has been successful in designing some interesting methods for cooperation.
This book, by Dr. Salman M.A. Salman and Dr. Kishor Uprety, focuses on the hydro-politics and legal regime of international water in the Sub-continent. It discusses the bilateral treaty regimes between India and Pakistan, India and Nepal, and India and Bangladesh over some of the major shared rivers between them. The book also provides an overview of main issues and common elements regarding shared rivers among those countries.
This book, by Dr. Salman M.A. Salman and Dr. Kishor Uprety, focuses on the hydro-politics and legal regime of international water in the Sub-continent. It discusses the bilateral treaty regimes between India and Pakistan, India and Nepal, and India and Bangladesh over some of the major shared rivers between them. The book also provides an overview of main issues and common elements regarding shared rivers among those countries.
A Legal Perspective
Water resources management is receiving increasing attention worldwide due to the considerable challenges that face the quantitative and qualitative aspects of water. These challenges are attributed to a multitude of factors, including the significant increase in population, urbanization and environmental degradation. Such factors are more apparent in the South Asian Sub-continent (Bangladesh, India, Nepal and Pakistan) than many other parts of the world. Moreover, the problems of the Sub-continent are compounded by the fact that it encompasses some 20 major international rivers. As a result, the Sub-continent has had to deal with some of the most difficult disputes over international rivers, while at the same time it has been successful in designing some interesting methods for cooperation.
This book, by Dr. Salman M.A. Salman and Dr. Kishor Uprety, focuses on the hydro-politics and legal regime of international water in the Sub-continent. It discusses the bilateral treaty regimes between India and Pakistan, India and Nepal, and India and Bangladesh over some of the major shared rivers between them. The book also provides an overview of main issues and common elements regarding shared rivers among those countries.
This book, by Dr. Salman M.A. Salman and Dr. Kishor Uprety, focuses on the hydro-politics and legal regime of international water in the Sub-continent. It discusses the bilateral treaty regimes between India and Pakistan, India and Nepal, and India and Bangladesh over some of the major shared rivers between them. The book also provides an overview of main issues and common elements regarding shared rivers among those countries.
Author:
Abstract
Notification of co-riparian states of planned measures on shared watercourses has been widely accepted as an established principle of international water law, and is codified and elaborated in the United Nations Watercourses Convention. However, despite this wide acceptance, issues have arisen in operationalizing notification, and in dealing with the different types of responses that may ensue following notification. The World Bank has been financing projects on international watercourses since its inception in the late 1940s, and has built an extensive wealth of policies and experience in this field. This monograph discusses the historical and legal foundations of notification under international law, analyses the policies and implementation experience of the World Bank thereon, and identifies comparators and synergies between the provisions of the Watercourses Convention and the Bank policies and practice.
Author:
Abstract
Notification of co-riparian states of planned measures on shared watercourses has been widely accepted as an established principle of international water law, and is codified and elaborated in the United Nations Watercourses Convention. However, despite this wide acceptance, issues have arisen in operationalizing notification, and in dealing with the different types of responses that may ensue following notification. The World Bank has been financing projects on international watercourses since its inception in the late 1940s, and has built an extensive wealth of policies and experience in this field. This monograph discusses the historical and legal foundations of notification under international law, analyses the policies and implementation experience of the World Bank thereon, and identifies comparators and synergies between the provisions of the Watercourses Convention and the Bank policies and practice.