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http://www.weeklyblitz.net/2071/waging-international-legal-war-against-tipaimukh
Waging international legal war against Tipaimukh Dam
by Barrister M. A. Muid Khan
“Guided by the principles of equity, fairness and no harm to either party both the Governments agree to conclude water sharing Treaties/ Agreements with regard to other common rivers“.
(Article IX of the 1996 thirty-year Ganges Water Sharing Treaty)
By ignoring all bilateral agreements and international laws and conventions on the customary international law of Trans-boundary Rivers and Lakes, India has decided unilaterally to construct Tipaimukh Dam for “so-called hydro-electricity” on the Barak River in its north-eastern Manipur state; without considering the adverse affect the Dam would create upon the environment and bio-diversity of the lower riparian Bangladesh. By taking this decision unilaterally, India has also violate her international obligation under the expressed provisions of the 1996 thirty-year Ganges Water Sharing Treaty signed by the heads of state of Bangladesh and India valid until 2026. India is under an international obligation to respect the provisions of this Treaty in the light of the 1969 Vienna Convention on The Law of Treaties, as it was signed by the heads of state of Bangladesh and India.
Question arises can Bangladesh refrain India from constructing the proposed Tipaimukh Dam on the Trans-boundary River Barak? In my opinion, if India wishes to construct proposed the Tipaimukh Dam unilaterally in breach of the principles of equity, fairness and no harm policy to Bangladesh, then Bangladesh would be entitled to wage an international legal war against India before the International Court of Justice (ICJ) to refrain India from constructing such Dam on the Barak River.
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