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Lower riparian rights and the imperative for water justice in Pakistan

23 0
sunday

The recent floods that destroyed large parts of Pakistan have once again highlighted the dangers faced by lower riparian countries, particularly those with transboundary river systems.

The torrential rains forced the upper riparian authorities in India to release large amounts of water from their storage facilities and barrages, which could have been better managed through planning, a responsibility of the upper riparian state. This caused surges that travelled downstream into Pakistan. People left their homes and the crops were destroyed; there was massive damage to the infrastructure. There is a need to safeguard the rights of low-riparian states, not only Pakistan, but all low-riparian states, under international law. We need to focus on the joint water management systems between lower and upper riparian states; however, the primary responsibility surely lies with the upper one. We also need to focus on domestic vulnerabilities, such as encroachments and violations of natural water channels.

The riparian rights are well defined in water law and it focuses on the rights of the states that are situated along a standard river system. It explains explicitly the rights of the lower riparian and the obligations of the upper riparian states. Customary international law has long recognized their rights, as demonstrated by the “no significant harm rule” and the “equitable and reasonable utilization” principle.

These guidelines are codified in the United Nations Convention on........

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