KOLKATA: Climate change, geopolitical tensions and competing demands on shared water resources are putting Asia’s freshwater governance systems under increasing strain, experts said at an international conference on freshwater sustainable governance and international law at the Indian Institute of Management Calcutta (IIM-C) on Monday.
The three-day conference, focusing on Asian perspectives on transboundary resources, hydro-politics and basin governance, was inaugurated by IIM-C Director Prof Alok Kumar Rai. Prof R Rajesh Babu, Dean (Executive Education), IIM-C and Co-Chair of Development of International Law in Asia (DILA), is the key person behind the conference.
The opening session on “Transboundary Freshwater Governance: Foundations and State Practice” examined the legal and political complexities surrounding shared water resources.
Discussions covered the “no significant harm” principle in the Mullaperiyar dam dispute, Sri Lanka’s state practice in the evolution of international freshwater governance, transboundary aquifers in South Asia and the need to move beyond conventional water-sharing arrangements towards a broader understanding of water security.
The issue of groundwater received particular attention, with scholars examining the largely invisible nature of transboundary aquifers and the case for cooperative groundwater management in South Asia. The discussions also sought to widen the understanding of water security beyond the allocation of river waters between states.
The second session, on “Human Rights, Humanitarian Law and Water Justice”, examined access to water as a human right and the implications of water infrastructure becoming entangled in armed conflicts.
Prof Jeong Woo (Jimmy) Kim’s paper, “Water in the Crosshairs of War: Reverberating Harm, Legal Indeterminacy, and the Limits of International Humanitarian Law”, explored the challenges confronting international humanitarian law when water resources and infrastructure become part of warfare.
The panel also examined the right to water under Thailand’s new human rights frameworks and under the Indian Constitution. The discussion brought together questions of legal protection, human rights and the responsibilities of states in governing water resources.
Arunika Mishra, a student of Prof Rajesh Babu, presented a well-argued paper on “Ethical Sourcing and Transboundary Water Governance: Mapping Fragmented Policy Interactions in the Mekong Delta”. The paper examined the intersection of ethical sourcing and fragmented policy frameworks in the context of transboundary water governance.
The afternoon session focused on climate change and international water law, with discussions on droughts, disasters and disappearing glaciers, water justice and climate justice, and the implications of the International Court of Justice’s climate ruling for the Ganges Water Treaty.
Another paper examined how existing international legal frameworks governing water allocation can respond to climate-driven changes, with a special focus on India.
The discussions on the opening day highlighted the growing need to rethink existing legal and institutional frameworks as climate change alters water availability and intensifies competition over shared resources across Asia.
The conference, being held from October 5 to 7, hosts scholars to examine Asian state practice in international law and changing legal and political landscape surrounding transboundary resources.