Transboundary Water Cooperation for Sustainable Development of the Sava River Basin

Author(s):  
Dejan Komatina ◽  
Samo Grošelj
2019 ◽  
Vol 8 (02) ◽  
pp. 247-278 ◽  
Author(s):  
Mohsen Nagheeby ◽  
Mehdi Piri D. ◽  
Michael Faure

AbstractThis article examines the international legitimacy of unilateral dam development in an international watercourse from the perspective of international water law. Drawing upon technical analysis over the Harirud River Basin, the article discusses probable negative impacts of unilateral dam development in Afghanistan on downstream Iran and Turkmenistan. Competing claims are analyzed to assess emerging transboundary damage under customary international water law. Applying these insights to the case study, this article explores how legal norms and principles can contribute to transboundary water cooperation. It investigates how equitable and reasonable utilization, as required by the United Nations Watercourse Convention, could be reached and whether current activities are in conformity with international norms. Based on this analysis and in the light of international customary law, the article questions the compatibility of unilateral control and capture of water resources in Afghanistan, particularly through the Salma Dam, with ‘equitable and reasonable utilization’ and ‘no significant harm’ rules. The article also argues that building the Salma Dam results in significant transboundary harm to downstream states. Hence, such harm could be considered as significant transboundary damage. Conclusions point to an understanding of water law as a form of institutional guidance in order to provide a transparent setting for transboundary water cooperation among riparian states.


Water Policy ◽  
2021 ◽  
Author(s):  
Yanmei He

Abstract While all riparian states in the YarlungZangbo/Brahmaputra River basin have conducted or planned dam-building, water diversion or other water-related activities to meet their respective national policy goals, they are also undertaking fragmented cooperation to solve conflicts and disputes as they arise. Mainly using a combination of natural, economic, social, environmental, political and legal factors affecting transboundary water cooperation as its analytical framework, this article explores the features of the current cooperation practice among the riparian states, then analyses manifold challenges the practice faces. The author lastly envisions an available path where all riparian states develop multilateral cooperation to address the challenges in the future. This article suggests that the rationale for future cooperation is the policy of preventive diplomacy with the aim of avoiding water conflicts and significant transboundary harm; the basic prerequisite for future potential cooperation is trust building among the riparian states, especially between China–India and between India–Bangladesh; the suitable form of future cooperation is expected to be an inclusive, comprehensive and coordination-oriented River Basin Organization; and the focus areas for future cooperation are supposed to be data sharing and riparian activities that all or most of the riparian states are suffering from.


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