The Ingenieur Vol. 65 Water Power | Page 63

REPORT TRANS-BOUNDARY WATER CO-OPERATION & INTERNATIONAL WATER LAW By Tan Moi Kwan W ith the increasing demand for water among countries sharing common water basins, competition for water use is getting more intense as populations expand along with greater land use among the riparian countries. It was reported in UN WATER that over the last 50 years, there have been 37 acute disputes involving violence over water disputes and 150 treaties signed. The UN believes that water disputes should be handled diplomatically. The Mekong River is a good example where water sharing (between Cambodia, Laos, Thailand and Vietnam) is being managed cordially under the Mekong River Commission. The UNDP report 2006 provided the breakdown of sectorial distribution of 145 agreements on trans-boundary water resources in relation to: a. hydropower(39%) b. water utilization (37%) c. flood control (9%) d. industrial allocation (6%) e. navigation (4%) f. pollution (4%) and g. fishing (1%). Geographically, a total of 145 countries have their territories within international basins and 21 countries lie entirely with international basins. Treaties on trans-boundary water management require close co-operation among the riparian countries sharing a common river basin. History of water treaties can be traced back thousands of years where disputes among countries were settled through agreements. One quoted example was the water dispute between neighbouring nations along the Tigris River that was settled through some form of agreement few thousand years ago. There are some questions related to the force of law on these treaties but many of them serve their purpose well. Some of the main treaties and doctrines of interest used among the riparian countries are listed below for reference. The Doctrine of Absolute Integrity A state may not alter the natural flow of waters passing through its territory in any manner which will affect the water in another state. Doctrine of Limited Territorial Sovereignty Conforms to the general legal obligation to use one’s property in a manner which will not cause injury to others. 61