Liberalism and International Law: Evidence from the Ganges Water Dispute

Abstract

This article uses evidence from the Ganges Water Dispute to explore the relationship between liberal international relations theory and international law. As such, this article addresses one of the primary questions in international law: why do states agree to international law? The Ganges Water Dispute between Bangladesh and India lasted 40 years and was concluded with the sudden creation of the Ganges Water Treaty in 1996. This article argues that liberal international relations theory is of most use in understanding the surprising creation of this treaty, as opposed to the more conventional approaches to international law such as institutionalism or constructivism, because it takes into consideration the role of regime type, domestic politics, and transnational interactions. In particular, Bangladesh's transition to a liberal state in the early 1990s, elections in both India and Bangladesh, and pressure from the pending creation of a UN water treaty facilitated the creation of the Ganges Water Treaty. While the literature on water conflicts suggests that this treaty should not have been created, liberal theory, by focusing on the interactive nature of domestic and international politics, points out the reasons for the successful creation of the treaty.