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Legal flaws in the Ganges Water Sharing Treaty, 1996: Consequences & Remedies

Nayeen, Z. ORCID: 0000-0001-5242-8728 (2011). Legal flaws in the Ganges Water Sharing Treaty, 1996: Consequences & Remedies. UAP Journal of Law, 2(1), pp. 190-202.

Abstract

Bangladesh and India have agreed upon sharing of Ganges water by signing a thirty-year treaty in December 1996_ The two countries agreed recognizing that the need for making an arrangement for sharing of the Ganges waters at Farakka in a spirit of mutual accommodation and the need for a solution to the long-term problem of augmenting the flows of the Ganges are in the mutual interests of the peoples of the two countries. But the purpose of the treaty is being frustrated for some flaws in the provisions of it e.g. absence of minimum guarantee clause, dispute resolution mechanism, provision stating the rale of MC etc. Endeavors have been made in this study to identify the loopholes of law in the provisions of the treaty. Taking advantages of these flaws, how India is exploiting Bangladesh in sharing Ganges water is also discussed here. Some revisions are also recommended for removing the existing legal flaws in the treaty.

Publication Type: Article
Subjects: H Social Sciences > HD Industries. Land use. Labor
J Political Science > JQ Political institutions Asia
J Political Science > JX International law
J Political Science > JZ International relations
K Law
Departments: The City Law School > Academic Programmes
Date Deposited: 16 Mar 2021 12:02
URI: https://openaccess.city.ac.uk/id/eprint/25624
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