STATE RESPONSIBILITY OF INTERNATIONAL WATER SHARING: A CRITICAL ANALYSIS OF TRANS BOUNDARY ENVIRONMENTAL LIABILITY

Abstract

Fresh water is critical and imperative for human life and to the supportability of Earth. Till date there is no known substitute for freshwater to be utilized by people for their reality. With water, people have profound ties whether it is concerning nature, soil, wellbeing, strict holiness, efficiency obviously or for some other reasons. Strolling down the world of fond memories one can understand that prior water had no cost barring the separating charges, cost for refining and afterward at last utilizing it. However, with the entry of the last half ten years, water has progressively procured a cost as a ware on the lookout and is being dependent upon worldwide exchange. The author in this paper is focusing on the need for collective effort to be made by all the states of International community in preservation, restoration and implementation of different international laws in the municipal laws of respective states. The author focuses on the Westphalian theory which adversely hampers the concept of shared water resources between the Upper riparian and lower riparian states. The research includes the five prominent pillars of water sharing principles to be observed by the states. The author also observes the positive initiatives taken by the international community which leads to the development of international laws relating to water. The author takes a positive approach to focus on the development of laws by judicial decisions given by different dispute settlement bodies for the protection, preservation & restoration of water. The author summarizes the paper with some suggestions which can be given for the improvement and implementation of international laws in the municipal laws of respective states.