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Abstract
This article provides an analysis of the "water law network" as it pertains to Bangladesh, examining both the domestic legal framework and the international laws governing transboundary water resources. It assesses the state of national water law in Bangladesh, including the laws related to water rights, irrigation, flood control, and pollution. The study identifies the strengths and weaknesses of this domestic legal regime and the challenges of its implementation. The research then shifts to the international dimension, which is of critical importance for Bangladesh as a lower riparian country. It analyzes the key principles of international water law, such as the principle of equitable and reasonable utilization and the obligation not to cause significant harm. The paper examines how these principles apply to Bangladesh's major transboundary rivers, particularly the Ganges, and assesses the legal aspects of the ongoing water-sharing disputes with India. The analysis concludes that strengthening both the national water law network and the country's capacity to effectively engage with the international legal regime is essential for ensuring its water security.
Full Text
For Bangladesh, a country defined by its rivers, the "water law network" is a matter of vital national interest. This paper offers a comprehensive analysis of this network from a Bangladeshi perspective, covering both its domestic and international dimensions. The first part of the study is a critical review of the national water law framework. It examines the patchwork of laws and regulations that govern the use and management of water resources within the country, highlighting their often-fragmented nature and the significant challenges of enforcement. The paper argues for the need for a more integrated and modern national water code to address the growing challenges of water scarcity and pollution. The second, and more extensive, part of the paper focuses on the international water law network. As a lower riparian state in three of the world's largest river basins, Bangladesh is heavily dependent on the principles of international law to protect its interests. The study provides a detailed analysis of the core principles of the 1997 UN Watercourses Convention and other instruments of international water law. It then applies these principles to the specific case of the Ganges dispute with India, providing a legal assessment of Bangladesh's rights and obligations. The findings underscore the critical importance of international law as a tool for a less powerful state to defend its interests in a transboundary resource dispute. The paper concludes with a call for Bangladesh to invest more heavily in building its legal and technical expertise in international water law to more effectively advocate for its rights on the regional and global stage.