Geoscience Reference
In-Depth Information
Chapter 13
The Ganga Basin Management
A river flowing through more than one country, or one province within a State,
is governed by certain international laws. In olden days, rivers were the only
source of water for agriculture, navigation, drinking and other purposes. Though
no defined laws existed, the right to water was then universally accepted, irrespec-
tive of national identity. However, this right led to conflicts between the peoples
and nations very often and weaker individuals and nations were oppressed by the
stronger. Though there are many uses of water for development and the uses are
varying and multiplying every day, the most important users of river water remain
the farmers, industry-owners, navigators and suppliers of drinking water.
The First Law
Rivers do not care, nor have any use, for geographical or political boundaries;
therefore, disputes arise among the co-riparian States. The law relating to the
use of waters of rivers, flowing through several countries was first laid down by
the 'Institute de Droit International' in 1911. It drew up a law on 'Utilisation of
Non-Maritime International Waters (except for navigation)' in 1961, in which it
developed an international law regarding utilization of such rivers, that every State
has right to utilize waters of international rivers, subject to the limits, imposed by
international law and particularly by co-riparian States.
Article - I
says:
The present rules and recommendations are applicable to the utilization of waters which
form part of a water course, or hydrographic basin, which extends over the territory of two
or more States.
Article - II
reads:
Every State has the right to utilize waters which traverse, or border its territory, subject to
the limits, imposed by international law, in particular, those resulting from the provisions
which follow
...
This right is limited by the right of utilization of other States, interested in
the same water courses, or hydrographic basin.
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