- Author(s): P. Ishwara Bhat
- Publisher: Eastern Book Company
- Edition: 1 Ed 2013
- ISBN 10 9350289506
- ISBN 13 9789350289808
- Approx. Pages 371 + contents
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Description
"A river is more than an amenity.... It is a treasure. It
offers a necessity of life that must be rationed among
those who have power over it."
- Oliver Wendell Holmes, Jr. (1841-1935),
US Supreme Court Justice, New Jersey v. New York, 4 May 1931
Inter-state and international water disputes frequently occur, recur and continue, generating problems with diverse economic, social and political implications in addition to the legal contestations and tensions. The present book is a collection of scholarly papers on the subject, comprehensively addressed in light of the Indian and international experiences in managing water disputes.
The book "Inter-State and International Water Disputes, Emerging Laws and Policies" has four parts that deal with: constitutional perspectives; international water dispute law; environmental issues; and the basin-specific experiences and methodological refinements. The Appendices of the book contain Acts, policies, conventions and treaties that would prove to be useful for the readers. The book discusses Water Law that has developed over the years and principles universally accepted in managing it for maximum benefit for all concerned. It helps not only in broadening our awareness of specific international water law issues and how this can be resolved but also in reminding us that co-operative solutions to pressing problems between countries can actually be found. The work will make substantive contribution on the increasingly important and complex subject, and provide some useful insights, objective estimations, and clarifications.
The articles by experts assembled in this book contain a wealth of information on the subject, which should guide water governance in future. Students as well as practitioners of law, politics, and governance will find in it a good reference volume. Policy planners and water administrators will find it a useful guide in addressing issues on water disputes and water management.
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Contents
Table of Cases
Part I : CONSTITUTIONAL PERSPECTIVES
1. Perspectives in Sharing Inter-State and International Water
Ramaswamy R. lyer
2. Inter-State Rivers and the Constitution: Issues and Solutions
Prof. M.P. Singh
3. Constitutionalism's Challenges and Responses in the Domain of Inter-State
Water Dispute Law: An Analysis Towards Enhancement of Social Acceptability
Prof. P. Ishwara Bhdt
4. Effective Resolution of Inter-State Water Disputes in India: Lessons to be
Learnt and Unlearnt
Dr G.B. Reddy
Part II : INTERNATIONAL WATER DISPUTE LAW
5. If Climate Change is a Possibility, Will There be a
Reallocation of International Waters?
Mohan V. Katarki
6. International Law on River Water Sharing and India
Dr V.G. Hegde
7. Five Pillars of International River Water Sharing: An Analysis from
the Practical Perspective
Dr B. Sandeep Bhat and D. Shyamala
8. Indus Waters Treaty: A Critical Appraisal
Aisha Ahmed Sharfi
9. Dividing Shared Waters: Exploring the Legal Dimensions of the India-
Bangladesh Water Conflict
Pritika Rat Advani
Part III : ENVIRONMENTAL ISSUE
10. The Mullaperiyar Inter-basin Water Transfer, Water Conflicts and Dam Safety
Tony George Puthucherril
11. Inter-linking Dam Safety Within Inter-State Water Dispute
Dr Sairam Bhat
Part IV : BASIN-SPECIFIC EXPERIENCES AND METHODOLOGICAL REFINEMENTS
12. Vamsadhara River Dispute: "Odisha v. The State of Andhra Pradesh"
Prof. Bhavani Prasad Panda
13. The Colonial Government's Role in Water Management: A Brief Historical
Background to the Cauvery Water Dispute
Dr Bikramjit De
14. Towards a More Efficacious and Sustainable Water Sharing Dispute Resolution
Framework: A Comparative Analysis of the Indian and American Systems of
Law and Practice Sbameek Sen and Tilottama Raychaudhuri
Part V
APPENDICES
I. Inter-State River Water Disputes Act, 1956
II. National Water Policy, 2,012.
III. Convention on the Law of the Non-navigational
Uses of International Watercourses, 1997
IV. Treaty Between His Majesty's Government of Nepal and the
Government of India Concerning the Integrated Development
of the Mahakali Barrage Including Sarada Barrage, Tanakpur
Barrage and Pancheshwar Project, 1996
V. Treaty Between the Government of the People's Republic of Bangladesh
and the Government of the Republic of India on Sharing of the Ganga/
Ganges Waters at Farakka
VI. The Indus Waters Treaty, 1960 Between the Government of India,
the Government of Pakistan and the International Bank for
Reconstruction and Development
Subject Index
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