Title: -

Sustainable Development as a Principle of International Law: A Framework for Bangladesh's

Water Disputes with India.

Executive Summary: -
This policy brief examines the role of sustainable development as a key principle in
international law for addressing water disputes between Bangladesh and India. Tracing the
evolution of this principle from the 1987 Brundtland Report through the 1992 Rio
Declaration to its integration into international law, the brief highlights its significance in
transboundary water management. It reviews key international rulings like the Gabcíkovo-
Nagymaros Project, Pulp Mills on the River Uruguay, and the WTO Shrimp-Turtle Case,
showcasing their application of sustainable development principles in resolving water
disputes.1

The brief proposes policy recommendations such as enhanced bilateral agreements, on

water management, joint river commissions, stakeholder engagement, and effective dispute
resolution. These aim to create a sustainable and equitable framework for resolving
Bangladesh-India water disputes, aligned with international legal standards and promoting
regional stability and environmental integrity. Thus, it positions the principle of sustainable
development as essential for navigating the complexities of Bangladesh-India water
disputes, advocating for collaborative governance, fair resource allocation, and
comprehensive environmental stewardship.

Introduction: -
The principle of sustainable development, now firmly established in international law,
represents a paradigm shift in how global policies and legal frameworks are formulated and
implemented. The recognition of sustainable development in international law has been a
progressive journey, marked by influential treaties, declarations, and landmark legal cases.
The 1972 Stockholm Declaration laid the initial groundwork, highlighting the importance of
environmental considerations in development. This was further developed in the 1987
Brundtland Report, which formally introduced the concept of sustainable development. The
1992 Rio Declaration and Agenda 21, outcomes of the Earth Summit, solidified this concept
with specific principles and action plans. The legal standing of sustainable development was
bolstered by the 1997 Kyoto Protocol's focus on reducing greenhouse gas emissions and the
United Nations' Millennium Development Goals (MDGs) of 2000 and Sustainable
Development Goals (SDGs) of 2015, which integrated sustainability into global development

1
Brundtland, G.H., ‘The World Commission on Environment and Development’ (1987), Our Common Future,
Oxford University Press.
agendas. Additionally, key legal cases like the Bering Fur Seals Arbitration (1893), the
Gabcíkovo-Nagymaros case (1997), the Iron Rhine case (2005), and the Pulp Mills case
(2010) have been instrumental in applying and interpreting sustainable development within
the framework of international law, demonstrating its evolution from a conceptual idea to a
principle with practical implications in resolving environmental disputes.

In the context of the Bangladesh-India river water dispute, the adoption of sustainable
development as a guiding principle in resolving this dispute could lead to more holistic and
mutually beneficial outcomes, aligning with international legal standards and setting a
precedent for future transboundary water conflicts.

Background of the Study: -

Historical Context of Bangladesh-India Relations: river water Disputes

The longstanding water sharing disputes between Bangladesh and India, primarily
stemming from India's unilateral actions like the construction of the Farakka Barrage on the
Ganges in the 1970s, have significantly impacted Bangladesh's water supply. India's policy
of diverting water from shared rivers such as Teesta, Gumti, Tipaimukh and others without
bilateral agreements has led to water scarcity in Bangladesh, exacerbating the risk of
conflicts and social instability. This situation highlights the critical importance of
transboundary water management and the potential for these disputes to be catalysts for
cooperation rather than conflict. Addressing these issues requires a multifaceted approach,
including adherence to international water laws, joint management of shared rivers, and
sustainable water use practices, to ensure regional stability and sustainable development for
both nations.2

Past cooperative efforts, such as the Joint River Commission and the 1977 Ganges Water
Sharing Agreement, have been limited and short-term. The GWT, despite its regulatory role,
has been criticized for not considering climate change impacts and for being less favorable
to Bangladesh than its predecessor.3 Recommendations include utilizing hydrological
models for accurate future water projections and incorporating a guarantee clause for
Bangladesh's fair share during low-flow events. As the Treaty nears its 2026 expiration, its
revision is crucial for addressing water scarcity, enhancing cooperation, and ensuring
peaceful resolution of disputes between the riparian countries.4

2
Mst. Kamrun Naher, ’Policy Recommendations towards Water Sharing Geopolitics between India and
Bangladesh’ (2021), International Journal of Humanities Social Sciences and Education (IJHSSE), vol 8, no. 7, pp. 77-
85. doi: https://doi.org/10.20431/2349-0381.0807009.
3
Faisal‘An Assessment of the Institutional Mechanisms for Water Negotiations in the Ganges-Brahmaputra-
Meghna System’ (2000) 5 International Negotiation 289
4
Rahman KS and others, ‘A Critical Review of the Ganges Water Sharing Arrangement’ (2019) 21 Water Policy 259
The principle of sustainable development, now a cornerstone of international law, offers a
comprehensive lens for addressing these challenges. It advocates for a balanced approach
that respects the ecological integrity of shared rivers while ensuring equitable and economic
resource utilization. By applying this principle, as seen in key legal cases and international
treaties, Bangladesh and India can move towards resolving their disputes through
collaborative governance, equitable sharing, and adaptive strategies that consider climate
variability and future water needs.

Analysis: -
India and Bangladesh face major water-sharing challenges over the Ganges, Tipaimukh, and
Teesta rivers, with India's dominant position over time and Bangladesh's needs as a lower
riparian state often overlooked, exacerbating tensions in their bilateral relations.

Legal Framework: -
A comprehensive legal framework is essential for the effective management of shared water
resources between Bangladesh and India, anchored in sustainable water management
principles and international legal standards. This framework should encompass:

1. Equitable Utilization: In line with the United Nations Convention on the Law of the Non-
Navigational Uses of International Watercourses (1997), particularly Article 5, water-
sharing agreements should be based on equitable and reasonable utilization, considering the
diverse needs and contexts of both nations.

2. No Harm Principle: Drawing from the ICJ ruling in the Gabcíkovo-Nagymaros Project
(1997), it's crucial to develop mechanisms that prevent and mitigate significant harm to
either state resulting from shared watercourse usage.

3. Environmental Impact Assessments: As emphasized in the Pulp Mills on the River

Uruguay case (ICJ, 2010), comprehensive environmental impact assessments are mandatory
for developmental projects affecting shared rivers, ensuring minimal environmental harm.

4. Cooperative Management and Monitoring: The Helsinki Rules on the Uses of the Waters
of International Rivers (1966) advocate for joint management of shared watercourses. This
involves establishing commissions for regular monitoring, data sharing, and cooperative
management, particularly of rivers like the Ganges and Teesta.

5. Public Participation and Transparency: The Aarhus Convention mandates the

involvement of local communities, civil society, and other stakeholders in decision-making
processes, ensuring transparency and inclusivity.
6. Dispute Resolution: Following the UN Watercourses Convention, clear mechanisms for
dispute resolution, including negotiation, mediation, arbitration, or adjudication, should be
established to peacefully address any disagreements.

This legal framework aims to ensure sustainable, equitable, and cooperative management of
shared water resources between Bangladesh and India, in line with international legal
principles and best practices.

Case Studies
The case studies you mentioned, which involve the application of sustainable development
principles in various international contexts, can provide valuable insights and frameworks
for resolving the river water disputes between Bangladesh and India.

Gabcíkovo-Nagymaros Project (1997): This case demonstrates how the International

Court of Justice (ICJ) can apply the principle of sustainable development in transboundary
water disputes. The emphasis on balancing environmental protection and economic
development is particularly relevant for Bangladesh and India. The case sets a precedent for
considering the long-term ecological and socio-economic impacts of water projects,
suggesting that any agreements or solutions should be evaluated for their sustainability.

Pulp Mills on the River Uruguay (2010): The ICJ's emphasis on environmental impact
assessments in this case highlights the importance of thorough environmental planning and
monitoring in large-scale projects. For Bangladesh and India, this underscores the need for
comprehensive assessments of projects like dam constructions or river diversions, ensuring
that such activities do not cause significant environmental harm, especially to the
downstream country.

WTO Shrimp-Turtle Case (1998): This case illustrates the integration of environmental
conservation within the framework of trade and economic policies. It suggests that
environmental considerations should not be secondary to economic interests. For
Bangladesh and India, this can mean incorporating environmental safeguards in any
bilateral trade or water-sharing agreements, ensuring that economic activities do not
compromise ecological integrity.

Kyoto Protocol (1997) and Paris Agreement (2015): These international agreements
represent a collective commitment to sustainable development through climate action. They
exemplify how global commitments can shape national policies and bilateral agreements. In
the context of Bangladesh and India, these agreements could serve as a basis for
incorporating climate change considerations into water management policies, recognizing
the impact of climate change on water resources.
UN Convention to Combat Desertification (1994): This treaty's focus on sustainable land
management to combat desertification and drought can be instructive for regions facing
similar challenges. For Bangladesh and India, strategies for sustainable land and water use
in the treaty can be adapted to manage shared river basins, preventing desertification and
ensuring the sustainability of agricultural practices.

Policy Recommendations
Based on the comprehensive analysis of the sustainable development principles in
international law and their application in various case studies, the following policy
recommendations are proposed to address the water disputes between Bangladesh and
India:

1. Enhanced Bilateral Agreements Informed by the Gabcíkovo-Nagymaros Project:

Drawing inspiration from the ICJ’s decision in the Gabcíkovo-Nagymaros Project, Bangladesh
and India should develop enhanced bilateral agreements that balance environmental
protection with economic development. These agreements should consider the long-term
ecological and socio-economic impacts of water projects, ensuring sustainability is a core
component of any shared river management strategy.

2. Rigorous Environmental Impact Assessments Reflecting the Pulp Mills on the River
Uruguay Precedent: Following the emphasis on environmental impact assessments in the
Pulp Mills case, Bangladesh and India should mandate comprehensive assessments for any
large-scale projects affecting shared rivers. This step is crucial to prevent significant
environmental harm, especially to downstream countries, and to maintain the ecological
integrity of shared water resources.

3. Integrating Environmental Considerations in Trade and Water-Sharing

Agreements, as Exemplified by the WTO Shrimp-Turtle Case: In line with the WTO
Shrimp-Turtle Case, Bangladesh and India should integrate environmental conservation
measures into their bilateral trade and water-sharing agreements. This approach ensures
that economic activities, including water utilization, do not compromise the ecological
sustainability of shared resources.

4. Sustainable Land and Water Use Management Following the UN Convention to

Combat Desertification: Adapting strategies from this convention, Bangladesh and India
should implement sustainable land and water use practices in shared river basins. This
approach will help prevent desertification, ensuring the sustainability of agricultural
practices and water resources.

5. Establishment of Joint River Commissions and Regular Monitoring: Inspired by the

Helsinki Rules, both countries should establish joint commissions for the regular monitoring,
data sharing, and cooperative management of shared rivers like the Ganges and Teesta. This
would facilitate equitable and efficient utilization of transboundary water resources.

6. Public Participation and Stakeholder Engagement: Following the principles of the

Aarhus Convention, the involvement of local communities, civil society, and other
stakeholders in decision-making processes related to water management is essential. This
ensures transparency and inclusiveness in developing and implementing water
management strategies.

7. Dispute Resolution Mechanisms: Drawing from the UN Watercourses Convention, both

countries should establish clear mechanisms for dispute resolution. This includes
negotiation, mediation, arbitration, or adjudication to address any disagreements in a
peaceful and constructive manner.

These policy recommendations aim to provide a sustainable and equitable framework for
resolving the water disputes between Bangladesh and India, grounded in international law
and the successful application of sustainable development principles in similar international
contexts.

Conclusion: -
In conclusion, the application of sustainable development as a principle of international law
offers a vital framework for addressing the complex water disputes between Bangladesh and
India. This approach, grounded in the evolution of sustainable development through key
international treaties, declarations, and landmark legal cases, provides a strategic basis for
formulating equitable and effective solutions to transboundary water management
challenges. The case studies, including the Gabcíkovo-Nagymaros Project, Pulp Mills on the
River Uruguay, WTO Shrimp-Turtle Case, and the implications of global agreements like the
Kyoto Protocol and Paris Agreement, offer insightful precedents for balancing
environmental, economic, and social considerations in water dispute resolutions.

The policy recommendations derived from these principles and cases suggest a multifaceted
approach. Enhanced bilateral agreements, rigorous environmental impact assessments,
integration of environmental considerations in trade and water-sharing agreements, climate
change adaptation strategies, sustainable land and water use management, establishment of
joint river commissions, stakeholder engagement, and effective dispute resolution
mechanisms are all critical components. These measures are not only in line with
international legal standards but also address the specific historical and geopolitical context
of Bangladesh and India's water disputes. By adopting these recommendations, both
countries can move towards a more cooperative, sustainable, and equitable management of
shared water resources, ultimately contributing to regional stability, economic growth, and
environmental protection. This approach sets a precedent for future transboundary water
conflicts and underscores the importance of sustainable development in international law as
a tool for conflict resolution and collaborative governance.

References:-
Journal articles: -

1. Mst. Kamrun Naher, ’Policy Recommendations towards Water Sharing Geopolitics

between India and Bangladesh’ (2021), International Journal of Humanities Social
Sciences and Education (IJHSSE), vol 8, no. 7, pp. 77-85. doi:
https://doi.org/10.20431/2349-0381.0807009.
2. Rahman KS and others, ‘A Critical Review of the Ganges Water Sharing Arrangement’
(2019) 21 Water Policy 259
3. Faisal‘An Assessment of the Institutional Mechanisms for Water Negotiations in the
Ganges-Brahmaputra-Meghna System’ (2000) 5 International Negotiation 289

Statutes, Cases and Law commission reports: -

1. United Nations Conference on the Human Environment, ‘Declaration of the United Nations
Conference on the Human Environment (Stockholm Declaration)’ (1972) UN Doc
A/CONF.48/14/Rev.1.

2. World Commission on Environment and Development (WCED), ‘Our Common Future

(Brundtland Report),’ (Oxford University Press 1987).

3. United Nations Conference on Environment and Development, ‘Rio Declaration on

Environment and Development’, (1992) UN Doc A/CONF.151/26 (Vol. I).

4. United Nations, ‘Agenda 21’, (United Nations 1992).

5. United Nations Framework Convention on Climate Change, ‘Kyoto Protocol to the United
Nations Framework Convention on Climate Change’, (1997) 2303 UNTS 162.

6. United Nations, ‘Millennium Development Goals’, (United Nations 2000).

7. United Nations, ‘Transforming Our World: the 2030 Agenda for Sustainable Development’
(A/RES/70/1, 2015).

8. Bering Fur Seals Arbitration (Great Britain v United States of America), (1893) 1 Moore IA
755.

9. Case Concerning the Gabcíkovo-Nagymaros Project (Hungary v Slovakia) [1997] ICJ Rep
7.
10. Case Concerning the Iron Rhine (“Ijzeren Rijn”) Railway (Belgium v Netherlands)
(Award) 2005 PCA.

11. ‘Case Concerning Pulp Mills on the River Uruguay (Argentina v Uruguay)’ [2010] ICJ Rep
14.