Contribution of General Principles of International Law in Progressive Development of Transboundary Aquifers With Special Reference to India

Abstract

Man’s ruthless exploitation of the natural resources means that we are housed in a resource-deprived world, the tug of war for the meager resources has led to many conflicts between states that we witness today. At the heart of the whole debate on resource crunch is the issue of shared natural resources between the states, international law has formulated several legal instruments to govern the shared transboundary resources, which include laws on transboundary aquifers. The objective of this study is to unlock the general principles of international law which regulate the transboundary aquifers. In this regard, the authors have apportioned the paper into three sections. In the first section, the authors set the tone by detailing the provisions of the Draft Article on the Transboundary Aquifers, 2008 dealing with general principles, the second segment of the paper lays down the cardinal principles regulating transboundary aquifers, which range from sustainable development to the principle of good faith and in the final portion the authors dwells into the Israel-Palestine dispute and the India-Pakistan Indus water treaty in the context of transboundary aquifers.