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International Water Law & Brahmaputra River – FAQs
1. What rights do lower riparian countries have in international law?
Lower riparian states have the right to receive water in its natural flow and to use it for domestic, agricultural, and industrial needs. However, this right must be balanced with the rights of upstream states through principles such as equitable and reasonable utilization and no significant harm.
2. Is the right to natural flow absolute for lower riparians?
No. International law does not recognize absolute rights. Lower riparians cannot demand an unaltered flow regardless of upstream needs. Rights must be balanced considering geographic, hydrological, economic, and social factors.
3. What are the main principles guiding international water law?
- Equitable and reasonable utilization
- Obligation not to cause significant harm
- Duty to cooperate
- Prior notification and consultation on planned measures
4. What do the Helsinki Rules and UN Watercourses Convention provide?
- Helsinki Rules (1966): Outline equitable use, prevention of pollution, and cooperation in international rivers.
- UN Watercourses Convention (1997): Legally strengthens cooperation, data sharing, dispute resolution, and sustainable use.
5. What are India’s concerns about the Brahmaputra River?
- China’s dam-building activities upstream, especially at Medog
- Lack of prior information and transparency
- Risk of water scarcity or sudden releases
- Impacts on agriculture, livelihoods, and disaster preparedness
6. How does Bangladesh view the situation?
As the lower riparian, Bangladesh is vulnerable to reduced water flows, siltation, water quality degradation, and sea-level rise. It demands more data sharing and security assurances from both India and China.
7. Is there any formal water-sharing treaty between India and China?
No. Unlike the Indus Waters Treaty between India and Pakistan, India and China lack a binding water-sharing treaty on the Brahmaputra. They do exchange hydrological data but without enforceable commitments.
8. What is the Harmon Doctrine, and does it apply here?
The Harmon Doctrine, favoring absolute sovereignty of upstream states, is generally not accepted in modern international water law. Instead, emphasis is on equitable sharing and cooperation, which China has not fully embraced.
9. What solutions have been proposed for Brahmaputra cooperation?
- Multilateral Framework: A basin-wide treaty involving all riparian states
- Permanent Water Commission: For data sharing and dispute resolution
- Sustainable Infrastructure: Environmentally sound dam and hydropower projects
- Confidence-building Measures: Joint scientific studies and early warning systems
10. What lessons can be drawn from other river treaties?
The Indus Waters Treaty (India–Pakistan) and the Mekong River Commission (Southeast Asia) highlight the importance of legal frameworks, third-party facilitation, and technical collaboration, even among politically tense nations.