International watercourses, international water law and Central Asia
Richard Kyle Paisley
International Waters Governance Initiative, University of British Columbia IAR, Vancouver, Canada V6T1Z2
Email: rpaisley@mail.ubc.ca
.
https://doi.org/10.29258/CAJWR/2018-RI.v4-2/1-26.engResearch Paper
Abstract
International watercourses are a very significant part of the water resources endowment of Central Asia (CA) where a “water-energy-agriculture nexus” has long been a conundrum. The crux of the conundrum is the conflict between upstream nation states wanting to release water in the winter to generate hydropower and downstream nation states wanting the water released in the summer largely for downstream agricultural purposes. Two CA states (Kyrgyzstan and Tajikistan) have a relative water surplus. Four other CA states (Uzbekistan, Kazakhstan, Turkmenistan, and Afghanistan) say they do not get their fair share from the region’s great rivers—the Syr Darya and Amu Darya—which slice across CA from the Tien Shan/Pamir Mountains and the Hindu Kush to the Aral Sea’s remains. This paper critically reviews the genesis of the CA water-energy-agriculture nexus conundrum, the role of international law in the possible resolution of the conundrum and a possible way forward. This way forward includes a redoubling of efforts by all CA states, including Afghanistan, to develop one, or more, legally binding CA wide international agreements regarding international shared water, and related, resources together with a high-level mediation to address possible downstream objections to new upstream hydro development projects.
Download the articleHow to cite: Paisley, R. K. (2018). International watercourses, international water law and Central Asia. Central Asian Journal of Water Research, 4(2), 1–26. https://doi.org/10.29258/cajwr/2018-ri.v4-2/1-26.eng
References
Eckstein, Gabriel and Eckstein, Yoram, Transboundary Aquifers: Conceptual Models for Development of International Law. Ground Water, Vol. 43, 2005. Available at SSRN: https://ssrn.com/abstract=900244
International Crisis Group, Water Pressures in Central Asia. ICG Asia Report No. 233 Osh/Brussels. 2014.
International Crisis Group, Water Pressures in Central Asia. ICG Asia Report No. 233 Osh/Brussels. 2014 (ICG 2014).
Miroslav, Mansur. Are “Water Wars” Imminent in Central Asia? Aljazeera, 23 March 2016. http://www.aljazeera.com/indepth/features/2016/03/water-wars-imminent-central-asia-160321064118684.html (27 July 2016); Bart, Jason, Weaponizing water: water and energy as sources of conflict among the Central Asian Soviet successor states. 22 Mich. St. Int’l. L. Rev. 409. 2013.
Nichol, Jim. Central Asia: Regional Developments and Implications for U.S. Interests, Congressional Research Service, 2014 at 3.
Paisley, Richard Kyle. Winter is Coming: USA Strategic Interests and Addressing the Water- Energy-Agriculture Nexus Conundrum in Central Asia, WWF USA (2017)
Susskind, Lawrence and Patrick Field. Dealing with an Angry Public: The Mutual Gains Approach to Resolving Disputes, New York: The Free Press, 1996.
United Nations Department of Political Affairs and the United Nations Environment Programme. Natural Resources and Conflict: A Guide for Mediation Practitioners, UN DPA, 2015 at 54.
conflict resolution, conundrum, governance, international water law, international waters