Kishor Uprety

Conflict and cooperation on South Asia's international rivers : a legal perspective

The book analyzes five major bilateral treaty regimes on the South Asian subcontinent: between India and Bangladesh for the Ganges River; between India and Nepal for the Kosi, Gandaki, and Mahakali rivers; and, between India and Pakistan for the Indus River. It explains the background, and legal regimes of these international rivers in the context of the serious challenges to the water resources of the subcontinent, posed by significant population increases, urbanization, industrialization, and environmental degradation. International lawyers, and natural resource specialists will find this book to be useful and informative.

Legal aspects of sharing and management of transboundary waters in South Asia: preventing conflicts and promoting cooperation

Abstract Historically, the development of cooperation among Bangladesh, India, Nepal and Pakistan with respect to the Indus and the Ganges-Brahmaputra-Meghna river basins, South Asias major transboundary rivers, has been a cause of tension, apprehension and ongoing disputes. This paper draws attention to the hydro-politics on transference and allocation, along with the diverging positions and unique concerns of the riparians on bilateral, multilateral, national as well as regional fronts. While examining the official water discourses and the evolution of different international legal instruments applicable to the governance of water relations among the riparians, the paper also sketches the emerging concerns in their relationships, as well as their efforts to cooperate and collaborate to avert disputes and manage water sharing and governance. Citation Uprety, K. & Salman, S. M. A. (2011) Legal aspects of sharing and management of transboundary waters in South Asia: preventing conflicts and promoting cooperation. Hydrol. Sci. J. 56(4), 641–661.

The Transit Regime for Landlocked States : International Law and Development Perspectives

This study traces the development of the international law related to the free access of landlocked States to and from the sea. Part I is a brief introduction to economic, institutional, and development-related challenges faced by landlocked States. Part II examines doctrines and theories that have influenced the evolution of the legal regime that applies to landlocked States. Part III reviews the progress the international community has achieved over the decades in devising legal mechanisms to address the problems these States face. It discusses enforcement of the right of access, in particular, the administrative, institutional, and technical mechanisms used. The study further analyzes bilateral treaties and agreements dealing with the question of transit in different continents. These agreements aimed at facilitating transit between landlocked States and their transit neighbors provide for regimes that are tailored to the specific geopolitical and socioeconomic needs of the parties. The study also discusses the different international resolutions bearing on cooperation between landlocked States and the role of multilateral institutions. Finally, Part IV concludes the study by highlighting positive achievements of the international community in working toward a regime that is satisfactory to all, and describes a multifaceted approach to solve the problems of access of landlocked States.

Challenges, lessons, and prospects for operationalizing regional projects in Asia : legal and institutional aspects

For the past decade and a half, the International Development Organizations (IDOs) have been making continual efforts to finance multi-country projects with regional goals. Despite their efforts, the structure of intervention through projects with regional development goals has not been easy to design and implement. This study, therefore, is born of a need for more precise and comprehensive information about the legal and institutional aspects involved in designing regional projects. Based essentially on desk study, with limited field consultation, its objective is to share information from places where such projects have been successfully designed and smoothly implemented and to review the general legal and institutional tools, prospects, and opportunities for designing and implementing such projects. Moreover, the study has a particular focus on Asia, so as to adapt the features of the successful regional projects and use them, if deemed applicable, in the Asian context. This study is divided into eight chapters, broadly covering the theory and the practice in different places, and identifying the opportunities and prospects for adaptability in Asia. Following this introduction, chapter two briefly touches upon the concept and meaning of a region, the purpose and the value of regionalism, the needs and justifications for preparing region wide operations, and briefly describes the different types of regional organizations along with their institutional framework. The definition of regional projects for the purpose of this study is covered in chapter three. Chapter four devotes a few paragraphs to discuss the value of political commitment of countries and the efforts required to securing it. Chapter five is about the general legal structure applicable to regional projects. Chapter six is about the special and unique situation of Asia, the main focus of this study, and the challenges resulting from its uniqueness. Following the discussions of the critical elements that are absent, chapter seven makes some proposals for consideration, by teams in developing regional projects. Finally, the study provides a brief conclusion in chapter eight, followed by a list of selected references, which, the author hopes, will be useful for those who wish to conduct further research on the topic.

Shared Watercourses and Water Security in South Asia

The monograph discusses the various challenges facing shared water resources in South Asia, and the response of most these countries, presented in their calls for water security. Consequently, negotiating new transboundary water treaties amongst South Asia’s riparian countries has become a daunting task, and enforcing existing ones remains a real challenge.

Shared Watercourses and Water Security in South Asia: Challenges of Negotiating and Enforcing Treaties

Shared water resources have influenced South Asia’s geography and history, as well as riparians’ responses to the challenges of utilizing, managing, and protecting such resources. Because of scarcity, population growth, and climate change impacts on all the riparians, national calls for water security have become louder. Consequently, 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.

The World Bank Policy for Projects on International Waterways: An Historical and Legal Analysis

with democracy. The textbook nature of this publication is evident from the fact that each chapter is followed by ‘discussion questions’, suggestions for ‘further reading’ and ‘useful websites’. There are 50 boxes informing the reader about specific NGOs or NGO activities. Sometimes one has a feeling that this is a handbook rather than a book that can be read easily from beginning to end. It should also be made clear that the book, although global in scope, in many ways reflects a UK perspective. Having said this, I am convinced that Lewis and Kanji give an excellent overview of the actual and potential roles of NGOs in relation to development. There are many reasons to continue research and education in this field. One possibility is to focus on NGOs active in specific fields, such as water management. Perhaps even research institutes should then be included among organizations with non-monetary missions. Is it appropriate, for example, to describe the Third World Centre for Water Management as an NGO (or a CSO)? What about universities or scientific journals? Should we understand them as NGOs and firms, respectively? Or should we use some other vocabulary?