Environmental Sustainability In International Water Laws - Analysing India's Response To Transboundary Water Governance
Neha Kannaujiya, Research Scholar, Department of Law, Deen Dayal Upadhyay Gorakhpur University, Gorakhpur, Uttar Pradesh, India.
Dr. Manish Kumar Rai, Assistant Professor, Department of Law, Deen Dayal Upadhyay Gorakhpur University, Gorakhpur, Uttar Pradesh, India.
ABSTRACT
Freshwater resources are one of the most vital natural resources for the maintenance of human habitation, ecological balance, agricultural production, industrial development and economic growth. But the growing population, climate change, industrialisation, pollution and competing developmental needs have greatly increased the pressure on transboundary water resources globally as well. International river governance is an essential part of international environmental law and sustainable development, as almost half the world's population lives in basins of international watercourses shared by two or more sovereign States.
The modern international water law has been slowly developing from a system focused on equitable water resource allocation to one that has come to prioritise environment, ecosystem protection, intergenerational equity and cooperative management. India lies on an important strategic axis in South Asia and shares many international rivers with neighbouring nations such as Bangladesh, Nepal, Bhutan, Pakistan, China and Myanmar. The Indus, Ganga, Brahmaputra, Teesta, Mahakali and Feni have not only helped to shape the socio-economic development of the region but have also been the focus of diplomatic talks, environmental concerns and legal wrangling.
The Indian experience is a picture of the interplay of constitutional duty, international law, bilateral treaties, environmental policies, and national security concerns in the field of transboundary water governance. This research critically sheds light on the development of environmental sustainability in international water law and discusses India's legal, institutional and diplomatic approach to transboundary water governance. It analyses the extent of the impacts of international legal principles on India's water diplomacy and the country's water law, such as principles of equitable and reasonable utilisation, the duty to refrain from causing significant harm, sustainable development, the precautionary principle, and the protection of the environment.
The study also highlights the existing challenges due to climate change, ecological degradation, fragmented institutional arrangements and geopolitical complexities. Lastly, it suggests policy recommendations to strengthen the cooperative management of the river basins, increase environmental sustainability and improve the governance of the water in South Asia.
Keywords: International Water Law, Environmental Sustainability, Transboundary Rivers, India, Water Governance, Sustainable Development, International Environmental Law, River Basin Management.
