TRANSBOUNDARY ENVIROMENTAL DISPUTES: CASE STUDY OF INDIAN BORDERS
[i]Transboundary
Environmental Disputes and the role International Arbitration
-Ananya Singh
ABSTRACT: Transboundary
environmental disputes are the disputes which arises when conflicts about usage
of resources, pollution or ecological damage which occur cross countries or
affects multiple countries at once leading to environmental damage or harmful
repercussions for long haul. The basic roots of all these conflicts shared
resources like rivers, lakes, or air, where one country’s actions such as
pushing the levels of water below DSL (Dead storage level) river, emitting
pollutants, or overexploiting ecological system or causing harm to aquatic
life. One of the landmark cases that laid foundation of the arbitration during
the transboundary disputes was the Train Smelter case where fumes damaged the
crops. In this paper, we are going to examine two major conflicts of South Asia
Kishenganga Arbitration case (2013) which was the arbitration case between
India and Pakistan was resolved Permanent Case Arbitration (PCA) under Indus
Water Treaty (IWT) (1960). The other case that will briefly be examined will be
the ongoing conflict in Siachen Glacier which for the resolution the conflict
which proposed to be resolved by the Siachen Peace Park. Offen international
arbitration has emerged. As a mechanism which is preferably used. By the
parties or the states Which are affected It is a resolution mechanism. Which is
used for resolving the disputes OR conflicts due to its neutrality, and
possibility and structured legal framework. International arbitration will help
in Enhancing the scientific input. Promoting regional corporation and
strengthening compliance mechanisms.
Introduction: Transboundary
environmental disputes arise when human activities such as deforestation
industrialisation or the overdue usage of the resources and infrastructure
development updates of the exploitation of the environment takes place either
of the parties or the states which leads to ecological consequences or the
eventual harm. One of the leading disputes in environment will be water sharing
conflicts, pollution, climate induced environmental changes These disputes will
be discussed by one of the most two leading conflicts between the nation's will
be Kishenganga arbitration 2013 And Siachen Glacier which has been proposed to
resolve under Siachen Peace Park. As we further discuss in examine Kishenganga
arbitration Which is one of the most leading and successful example of
permanent Court of Arbitration PCA resolved a technical dispute between India
and Pakistan where in India’s hydroelectric project KHEP integrating
environmental considerations End to Indus water treaty 1960 framework. Indus
water treaty which was signed on September 19
1960 allocate the eastern river (Sutlej,Beas,Ravi) To India and the
western rivers (Indus Jhelum Chenab) to Pakistan while allowing India the
limited uses of the western rivers for purpose like hydroelectric power subject
to conditions protecting Pakistan downstream interest that dispute between
India and Pakistan arose when India was on the verge of constructing Kishenganga
hydroelectric project 3300 mega water run of the river Dam on the Kishenganga river
called as Neelum river in Pakistan, which is a tributary of Jhelum River in
India administered Jammu and Kashmir
Disputes
Kishenganga Arbitration Case (2013)
·
On 19 February 2013, permanent Court
of Arbitration administered Court of Arbitration issued a partial award under
dispute between Pakistan and India regarding the use of water Kishenganga / Neelum
a tributary of Indus system of rivers.
·
The awards contribution is there for
mixed despite its complete regard for the principal equality of right it has
contributed to clarifying the criteria for existing users of water course and
reaffirmed both the substantive obligation to refrain from transboundary harm
and procedural duty to carry out for an environmental impact assessment.
·
[1]The
Kishenganga hydroelectric project is an Indian project which was located on a
tributary of Jhelum which is one of the western reports. This tributary is also
known as Kishenganga in India and the Neelum in Pakistan. The KHEP was
originally designed as a storage plant then reconfigured to constitute as a run
of a river plant. Although there is a no definite definition for the run of
river plant it is assumed as the type of plant which utilises the rivers flow
rather than storing water to generate hydropower. The KHEP was planned to be
operated by diverting the river flow through a system of tunnels from Kishenganga
Neelum to the Bonar Nallah, which is another tributary of Jhelum. Then the water
flows back into the Jhelum through Wular Lake.
·
Kishenganga Hydro-electric Project
(KHEP):
The run-of river plant was constructed by India to harness river’s
hydroelectricity potential and to make the full-fledged usage by the country
'citizen which can also be the indirectly supportive of the India development.
The project includes a dam which is
37-meter-tall concrete-face and a 23-kilometer-long tunnel. With an installed
capacity of 330 MW, it generates approximately 1,713 million kWh annually and
fulfil its ability to able to utilize its potential. The construction of KHEP
began in 2007 which has run-of-river
design which also means that by
using the natural flow and elevation drop of Kishenganga River to generate the
electricity without requiring a large reservoir. Head Race Tunnels (HRT) A
23-kilometre-long tunnel diverts from Kishenganga River to the power station.
The tunnel has been designed to minimize the water loss and maintaining the
efficiency of flow. Pelton turbines: This project use Pelton type turbines each
with the capacity of 110 MW. These turbines were ideal for high-head, low-flow conditions,
The turbines were supplied by Bharat Heavy Electricals Limited (BHEL), a
leading manufacturer in India. Concrete Faced Cut-off Wall Dam (CFRD): This was
designed durability and efficiency which consist of Plastic, Concrete
Cut-off-wall, Rock slope stabilization, Face Slab Joint. Plastic Concrete
Cut-off wall: This deep wall prevents seepage and ensures the dam’s stability.
It was constructed using borehole drilling and blasting methods. Rock Slope
Stabilization: Advanced techniques were used to stabilize the rock slopes,
ensuring safety in mountainous terrain. Face Slab Joints: Special attention was
given to the design of face slab joints enhance the dam’s structural integrity.
Run of River Plant are governed by Indus water treaty under: Article 2(d)
outlines the rights and obligations of both nations regarding the use of waters
of Indus system and specifies the allocation of water from the Eastern Rivers (Ravi,
Beas and Sutlej) to India and the Western Rivers (Indus, Jhelum and Chenab) to Pakistan,
with certain exceptions for non-consumptive uses by India. And Annexure (D):(
The annexure provides the detailed guideline for the construction of
hydroelectric project of Western Rivers. It includes technical specification,
permissible uses, and dispute resolution mechanisms to ensure compliance with
the treaty.)
·
Raised concerns of Pakistan:[2]When
in request of arbitration Parties had failed to resolve concerning Kishenganga
Hydro- Electric Project (the KHEP) by agreement pursuant to Article IX(4) of
the Treaty(it outlines that the dispute resolution mechanism between India and Pakistan
that is specified by Permanent Indus Commission (PIC) feels to resolve or
disagreement a matter can be escalated to neutral export or code of arbitration
depending on the nature of dispute this ensures structured and the cooperative
approach to address the conflict that is related to treaty). Pakistan defined
two questions:
1.
Whether India’s proposed diversions of the
river Kishenganga (Neelum) into another Tributary i.e. Bonar-Madmati Nallah
bring central element of Kishenganga Project, breaches India’s legal
obligations owed to Pakistan. Under the treaty as interpreted and applied in
accordance with international Law, including India’s obligations under Article III
(2) let the water flow all the water of Western Rives and not permit any interference
with those waters) and Article IV (6) maintenance of Water channels?
2.
Whether under the Treaty, India may
deplete or bring the reservoir level of run-of river Plant below Dead Storage Level
(DSL) in any circumstances except the unforeseen emergency?
1. Vienna
Congress of Law Treaties: [3]
This plays an incredibly significant role in the
interpretation of the Indus Water Treaty Provisions especially during disputes
like the Kishenganga Arbitration which took place in 2013 highlights one of the
two most important articles that are [4]Article
31 and [5]Article
32. Article 31 discuss about the General rule of Interpretation which emphasize
on interpreting the treaties in good faith with the consideration of ordinary
meaning of the treaty’s terms and the context of treaties with the text,
preamble and annexures. Lastly the object and purpose of the treaty. Here it is
with the reference of Annexure (D) and the interpreted term run-of river Plant.
Article 32 (Supplementary Means of Interpretation) This article allows to
recourse the preparatory work and the circumstances of a treaty’s conclusion to
resolve all the ambiguities or conform the interpretations. During the arbitrations,
the tribunal Indus water Treaty’s negotiating history to address disputes over
terms like “existing uses” and “necessity”.
2. Prior Use vs Equitable Utilisation:
·
Prior Use:
the principle of prior use guarantees the priority to states pre-existing and
the operational uses or shared resources this principle is rooted in
international water law and aims to protect historical investments and the
dependencies with the reference of Kishenganga hydroelectric project that was
planned in India. With reference to taking India's argument India has already
initiated the plans and construction for before Pakistan's project which was Neelam
Jhelum became operational. India claimed that it was the early commitment to
the project and give it a strong claim to the water under the prior use
principle and with this it was concluded with Pakistan's counter argument that
although they are project Neelam Jhelum Hydro-electric Project was developed
later but it relied on natural and uninterrupted flow unlike Kishenganga
hydroelectric project. Pakistan based the argument on the principle of
equitable utilization which emphasised on the fair allocation of water rather
than historical precedence. One of the key implications for the prior use
rights war that there should be no harm rule which prevents the action that
cause significant harm to other riparian states and the need for sustainable
development integrating environmental protections into prior use claims.
·
Equitable Utilization:
the principle of equitable utilization is considered as one of the cornerstone
of international water law and it also plays a very significant role in
resolving the disputes over the share boundaries all cross borders and with
reference to Kishenganga Hydro-electric Project and the Indus water treaty 1960
equitable utilization primarily aims to ensure that all the bordering states
are shared water courses have access to and can benefit from the water in a
fair and a reasonable manner. it also does not necessarily emphasise on the
equal division bat considers factors like historical usage, economical
dependency, environmental impact and the needs of both the parties. with
respect to Kishanganga arbitration Pakistan who centres their argument around
this principle claims that India's diversion was very disproportionate
affecting the Pakistan's downstream which was Neelam Jhelum hydroelectric
project and their agricultural needs. the tribunal did not excessively rely on
the principle of equitable utilization but indirectly addressed it through its
interpretation of Indus water treaty and balanced India's right to divert water
for hydropower Against Pakistan's downstream meets by imposing a minimum
environmental flow of 9 cubic metre per second and this step ensured ecological
protection and level of fairness in water sharing.
·
The role of Permanent Court of
Arbitration:
1)
Answers of India to Pakistan’s
Concern:
[6]Having
found that it is necessary to lay down interim measures “to avoid prejudice
solution....... of the dispute” As provided under paragraph 28 of Annexure (G)
to the Indus water treaty the court unanimously rules that:
1.
For the duration of proceedings up
until the rendering of the Award:
1)
It is open to India to continue with
all works relating to the Kishanganga hydroelectric project, except for the
works specified in 3 below.
2)
India may utilise the temporary
diversion tunnel it is set to have completed at Gurez site, and may construct
and complete temporary coffer dams to permit the operation of temporary
diversion tunnels search tunnel being provisionally determined to constitute a”
temporary bypass” Within the meaning of article one bracket 15 b as it relates
to Article 3(2) of the treaty:
3)
Except for the subsurface foundation
of the dam stated in photograph V iv above India shall not proceed with the
construction of any permanent works on or above Kishanganga\ Neelam River at the
that me inhibit the restoration of full flow of the river to its natural
channel;
2)
Pakistan and India shall arrange for periodic joint inspection of the dam site
right at Gurez to monitor the implementation of sub paragraph 1 (c) above. The
Parties also submit by no later than December 19th, 2011, at joint report
setting forth the areas of agreement at any point of disagreement that may
arise between the parties concerning the implementation of the order.
153.
The court chat remain actively seized of this matter, may revise order or issue
further add time in the light of circumstances the obtaining.
2.)
Order of Interim Measures:
The
order on interim measures in the Indus water Kishanganga arbitration was issued
on September 23, 2011, was as a part of the arbitration proceedings between
India and Pakistan under the Indus water treaty 1960. This order addressed Pakistan's
concern regarding India's construction of Kishenganga hydroelectric project and
its potential impact on the Pakistan's downstream what are usage and impact on
projects of Pakistan like Neelam Jhelum hydroelectric project. one of the key highlights
of this order was to put temporary halt
the construction and prevent the restoration of status quo ante[7]
of certain elements of Kishanganga hydroelectric project that would prevent the
restoration of the star reversed now and it was intended to avoid prejudicing
the final resolution of the dispute or making remedies disproportionately
costly. The tribunal also ensured the joint inspection of the dam site to
ensure the compliance with its order. The tribunal relied on paragraph 28 Annexure
(G) which outlines the provisions for requesting interim measures during
disputes allows either party to seek such measures firstly to safeguard the
entrance by protecting rights and interest under the deity, to avoid prejudice
by preventing actions that would compromise the final resolution of the
disputes and lastly prevent aggravation ensuring that dispute does not escalate
further. this kind of love also specifies that will be no decision on interim
measures should not be interpreted as indication of its view on merits of dispute.
to ensure neutrality and fairness during arbitration proceeding. It also
considered the principles of international law such as possibility of Pakistan's
case and the need to avoid irreparable harm. The tribunal emphasis that its
decision on interim measures did not reflect its view on the merits of the
caves and allowed India which non-permanent aspects of the project such as the
construction of powerhouse and bypass channel but at India's own risk.
3) Issuing Awards:
·
The Permanent Court of Arbitration
played a pivotal role in the Kishanganga arbitration between India and Pakistan
which revolved around the interpretation of Indus water treaty 1960 and
disputes concerning the Kishanganga hydroelectric project. The first partial
award which was given in February 20 13 in this the tribunal ruled that India
was permitted to divert water from Kishanganga can use for power generation
under Indus Water Treaty however the right was not absolute. The award-imposed
conditions like India must maintain dead storage level DSL Township to mitigate
ecological harm. The tribunal rejected Pakistan's claim that Kishan Ganga hydroelectric
project violated the treaties provision on in the tributary transfer finding
that such transfers were permissible under Annexure (D) of Indus water treaty
1960. Final award which was issued December 2013 states that the tribunal
determine the minimum flow or that dead storage level to maintain the
downstream of Kishanganga hydroelectric project at 9 cubic metres per second
Diplo was intended to balance India's hydropower generation meets with Pakistan's
downstream ecological and hydropower concerns. it also furthers the flow
to be considered after every 7 years, allowing for the adjustments based on new
data or the further changing circumstances or unforeseen circumstances.
·
The Composition of Tribunal:
the composition of the tribunal constitutes of agent's council and the
representatives the council members were eminent jurist and the advocates of
respective countries. then the representative from Pakistan was Mr Amir Shaukat[8]
and Mr Faris Qazi and the representatives India was HE Rajesh Nandan Prasad and
Mr Darpan Talwar. there were several representatives work considered from the
government of Azad Jammu and Kashmir. the export witnesses from the respective
countries were present in this the engineer's scientist and the project manager
were present. Lastly technical experts from Pakistan and India were also
present. the composition of the tribunal reflected upon the technical and legal
complexity of the dispute between two countries.
·
Significance:
the Kishanganga arbitration case further contributed to reinforcing the global
principles like precautionary measures, sustainability and the prevention of
significant harm and the possible mitigation of ecological harm. The ruling
emphasised on the necessity for the upstream state to ensure that their
interest structure may not harm the downstream states and their ecosystem.
SIACHEN
CONFLICT AND PEACE PARK:
·
The Siachen Glacier which is in the
Karakoram Range which is a unique case when it comes to environmental disputes
and glacial melting. Many Himalayan glaciers a retreating rapidly due to the
climate change, the Siachen Glacier is melting at a terribly slow rate, and
this phenomenon has been attributed as Karakoram anomaly, it is a localised
climatic condition that helps in stabilising certain glacier in the Karakoram
region despite surge of the global warming. However, military activities on the
glacier have also resulted in the search of pollution a localised global
warming which has accelerated the melting in the specific areas.
·
The long-standing territorial
dispute between India and Pakistan which is centred at Siachen Glacier also
known as Siachen Glacier conflict. [9]The
dispute stems from 1949 Karachi agreement and the 1972 Simla agreement which
left the territory beyond the map with the undefined coordinates of NJ 9842.
In, 1984 Indian launched operation Meghdoot pre-empting Pakistan plan to occupy
glacier Indian forces successfully took control of the glacier and surrounding Saltoro
Ridge marking the beginning of the conflict. The glacier is located in near
China- Pakistan border making it a critical buffer zone for India and control
over the glacier provide static advantages including surveillance of nearby regions.
·
Operation Meghdoot
was launched on April 13th which was strategic operation by India to secure Siachen
Glacier, which is one of the world's highest battlefields.[10]
Due to its significant geopolitical move the operation and their subsequent
military presence had a profound and deep impact on environment of Siachen
Glacier. Firstly, Due to continuous military presence and inclusion of heavy
machinery and the construction of camps which also led to fuel combustion has
accelerated the melting of glacier due to the release of the carbon compounds
in the air. significant release of carbon compounds can be seen when the black
carbon deposits from the military activities reduces glaciers 'albedo. In terms
of pollution, non-biodegradable waste like plastics metals and chemicals were
left behind the troops for contaminating the data and downstream water and fuel
spills see deep into the eyes affecting the quality of water in the rivers fed
by the glacier. Due to the lasting harsh conditions which was induced by
military activities there was a significant disruption in the habitat of local
flora and fauna which was seen as the potential ecological threat. The
geographical positioning of Siachen Glacier makes it out as a critical source
of the fresh water for the Indus River basin which allows millions of people in
India and Pakistan sees it as a water resource and due to the accelerated melting,
it has further threatened the long-term availability of the freshwater to the citizens.
Humanitarian
Issues: One of the major challenges being
in Siachen Glacier was the temperature which drops below 50 degrees Celsius
with frequent blizzards and avalanches this high altitude causes hypoxia
leading to altitude sickness and other health complications. there were many
casualties due to the conflict between India and Pakistan but due to the
natural hazards like frostbite, avalanches, and pulmonary Edema many soldiers
lost their lives. Psychological impact like isolation and stress played a key
role for impacting the soldiers living there and faced how many mental health
challenges like depression and anxiety. Eminent sociologist Emile Durkheim
described man a social animal who tends to function with the better social
position. Since this was lacking the ability, many were impacted negatively and
irrevocably. another dimension all this humanitarian issue was economic burden
for both the countries since Siachen was at the extreme altitude for
maintaining the military presence it was quite difficult to manage the expense
of logistics transportation and the military
machinery. The militarization of the region has limited access for the local
communities, affecting their livelihoods and traditional practices and
functioning of them for day-to-day life. Due to the military activities on Siachen
Glacier have indeed severely impacted the fragile ecosystem, it has been posing
threats to endangered species like snow leopard and Himalayan ibex. the presence
of soldier and machinery has caused disturbance pollution has disrupted the
natural balance of the area. Animals such as snow leopards are described as
illusive creditors who rely on undistributed terrain for hunting and shelter.
the inducing of pollutants in the environment and the disruption of habitat has
threatened the prey base and survival and Himalayan ibex add mountain goats
that inhabit rocky slopes and rely on natural vegetation which has been
compromised due to high military activities and the which is produced from the
continuous presence and the degradation of environment. The crucial point is
that why conservation matters and why the highlight of Humanitarian issues in Siachen
Glacier because it is just not the geopolitical flashpoint, but it is also a
critical ecological zone, and ecology also forms a certain relationship with
the locals and people living there. There is an elevated risk of escalation and
continuance of military presence if the risk of inadvertent conflicts, which
would further escalate into larger confrontations, given back the region is
located and is the highest battlefield which leads to its strategic importance
and is the highly proximity with nuclear armed states. Further, since it is
near China Pakistan border and both the nation's is unwilling to avoid conflict
then there is a formation of perception of the glacier as a critical perpetuates
zone which perpetuates the stalemate as neither side is willing to compromise.
·
The situation at Siachen serves as a
stark reminder of the need for peaceful resolution in territorial disputes
which is further discussed in this paper. The initiative is necessary to
mitigate ecological harm and resolve the humanitarian issues. one of the major resolutions
for this conflict was Siachen Peace Park initiative which emphasised on
demilitarization, Environmental Conservation and posting cooperation between
India and Pakistan. By achieving these goals demand mutual trust and
willingness to prioritise environmental and humanitarian consideration over
strategic rivalry.
SIACHEN PEACE PARK:
·
The concept was the proposed
initiative aimed at resolving the long Sunday conflict between India and
Pakistan over the Siachen Glacier. the idea behind this peace park was to
firstly demilitarise the region and then transform it into a protected area for
the environmental conservation and scientific research. 3rd though to emphasise
on the mutual trust and cooperation between 2 nation prioritising ecological
and humanitarian considerations over strategic military rivalry. The peace
spark was symbol of peas and collaboration, fostering regional stability and
preserving fragile ecosystem of the glacier. further we will discover
collaborative management based on IUCN and UNESCO based on World Heritage
listing.
·
Demilitarisation of Siachen:
April 25, 2005, mark saw diplomatic dialogue exchange between Pakistani President
General Pervez Musharraf with Indian Prime Minister Manmohan Singh about the
existing issues or territories of Kashmir which resulted in the search of
cooperation between India and Pakistan which are well positioned to consider
demilitarization of Siachen. what the further demilitarization there was a
there was three step approach for this. In first step it was induce that both
the countries should discontinue the warfare that was happening in Siachen and
recede from the public mind for a period of 2 to 3 years. for the security the
countries should resolve to the technical means of monitoring and surveillance
of Siachen after the reduction in force. Secondly it would provide a means of
militaries and both the sides to work together for constructive purposes and by
building camaraderie friendship and mutual confidence. [11]Asad
Hakeem, former Pakistani military official warned that employing soldiers as
Rangers might be difficult because two sides might be varied of trusting one
and other. the retired Brigadier proposed enlighten of this concern with more
knowledge about Siachen. specifically former military personnel could lead about
national committee of Rangers whose work could be supplemented with corporative
aerial monitoring and activities. The third point talks about the transboundary
management approach from the side of farmers and the visitors of both the
countries. One of the significant issues that was highlighted in the failure of
Siachen piece park was and that trust deficit between both the nations and
India expressed their concerns about Pakistan's reliability in adhering the stated
agreement.
· Failure
of Siachen Peace Park:
·
Military Priorities:
the ongoing conflict between the nations affected the strategic significance of
the glacier have overshadowed environmental and humanitarian considerations. This
led to continuance of military establishment and Siachen the degradation of
environment and endangered species like Himalayan ibex and snow leopard.
·
Environmental Impact: The
militarization of the region led to the acceleration of the global warming by
the continuous usage of military machinery and equipment. there were the
sorting casings of black carbon deposits which seep deep into the ice and led
to the contribution of global warming.
·
Humanitarian Issues: The
harsh conditions temperature like -50 degree Celsius which is proving hard for
sustaining human life and maintaining ecological foreground. the harsh
conditions resulted in many casualties of both the nation soldier due to the
natural hazard and the conflicts.
Collaborative
management based on IUCN and UNESCO:[12]
IUCN promotes shared management responsibilities among the governments, local
communities NGOs and other stakeholders who are involved and this is to ensure
that that diverse perspective is there and involved in equitable decision
making. this collaborative management izzat rights-based approach which
integrates governance principle that respects the right of indigenous and local
communities, fostering trust and corporation Tailored strategies which is
adaptive to specific ecological cultural and socio-economic context of the area
like Siachen. UNESCO acted as a neutral facilitator between two countries
through encourage the exchange of dialogue between them managing transboundary
World Heritage sites could establish a relationship for the joint management of
Siachen region. Designating Siachen Glacier as a biosphere reserve or World
Heritage site emphasised the ecological and cultural significance of the region
encouraging both nations to prioritise the conservation over the conflict.
UNESCO provides training and resources to the local communities and the
stakeholders the training includes the workshops on sustainable practices,
environmental monitoring and the importance of preserving the fragile
ecosystem. it also facilitated the collaborative in research initiatives to
study the impacts of climate change and the militarization of Siachen. this
data quiet be helpful in making and the formulation of policies and promote evidence-based
decision making. Prince Siachen is declared as critical ecological zone this
could attract a major international support for funding for conservation
efforts and plays a pivotal role from transforming the Siachen Glacier from a
buffer conflict zone into was symbol of peace and corporation.
Conclusion:
This document has studied over two
different transboundary disputes and the role of international arbitration like
permanent Court of Arbitration or the collaborative management with IUCN and
UNESCO. The study further elaborates on the role of government and the
humanitarian aspect which is one of the dimensions in transboundary
environmental disputes. The commonality between both the disputes were to
resolve the conflict and the promotion of peace and corporation. Transboundary environmental disputes are expected to
rise due to climate change, resource competition, and industrial growth.
Arbitration provides a
valuable legal mechanism. Because
many of principles of law of water courses an international environmental law
are vague and indeterminate, the only way they can be concrete is through
elaboration of buy international court and tribunals. The Kishanganga decision
also reinforced some important international environmental law principles,
search as duty of due diligence prevention and continuous environmental impact
assessment and confirmed the customary international law status of obligation
to avoid transboundary harm. The failure of Siachen Peace Park was the
introspection upon the fact that the military Powerses supersedes the
ecological and humanitarian aspect. The Siachen
Glacier dispute highlights the potential for alternative resolution methods,
such as the peace park initiative, to integrate environmental protection with
conflict
resolution. To effectively manage
shared environmental resources, future arbitration should incorporate
scientific expertise, foster regional collaboration, and enhance legal
enforcement. This approach will help ensure sustainability.
[1]
Jasmine Moussa, Implication Of the Indus Water Kishenganga Arbitration for the
International Law Of Watercourses and the Environment (2006)
[2]
Permanent Court of Arbitration,In the matter of the Indus Water
Kishenganga Arbitration The islamic
Republic of Pakistan and The Republic Of India,20 December 2013
[3]
Jasmine Moussa, Implication of the Indus Water Kishenganga Arbitration for the
International Law Of Watercourses and the Environment (2006)
[4]
Vienna Convention on The Law of Treaties
[5]
Ibid
[6]
Permanent Court of Arbitration, In the matter of the Indus Water Kishenganga
Arbitration the Islamic Republic of Pakistan and The Republic Of India,20
December 2013
[7]
For detailed analysis Andreva, Brunetti and Lemenez.
[8]
Permanent Court of Arbitration, In the matter of the Indus Water Kishenganga
Arbitration. The Islamic Republic of Pakistan and The Republic of India,20
December 2013
[9]
Neal A. Kemkar, Environmental Peace-making ending conflict between India and Pakistan
On the Siachen Glacier Through the creation of Transboundary Peace Park,(2005)
[10]
Neal A. Kemkar, Environmental Peace-making ending conflict between India and Pakistan
On the Siachen Glacier Through the creation of Transboundary Peace Park, (2005)
[11]
Interview with Retired Pakistani Brigadier Asad Hakeem, Visiting Research Scholar
at Sandia National Laboratories in Albuquerque N.M(15 July 2005)
[12]
Neal A. Kemkar, Environmental Peace-making ending conflict between India and Pakistan
On the Siachen Glacier Through the creation of Transboundary Peace Park,(2005)
Comments
Post a Comment