Afghanistan, the Amu Darya Basin and Regional Treaties

The Amu Darya Basin is included in various bilateral and regional treaties negotiated between Afghanistan and Russia/the former USSR, and among the Central Asian Republics. The former are boundary treaties, and do not cover the use of the Amu Darya. The latter are, inter alia, water-sharing agreements that govern the use of water. This article examines the current legal regime governing the Amu Darya. It addresses one specific question: What are the legal implications for Afghanistan of its exclusion from the regional legal framework governing the apportionment and utilization of the Amu Darya? The article argues that sustainable water resource management is dependent on the participation of all riparian states in the management of a shared watercourse and without Afghanistan’s inclusion in the regional water agreements or organizations governing the Amu Darya, no Central Asian regional water agreement or organization is complete. The article makes two further arguments. First, the equitable and reasonable utilization principle gives all riparian states the right to an equitable share in shared watercourses, therefore the downstream Central Asian Republics cannot prevent upstream Afghanistan from developing its freshwater resources. Second, even though Afghanistan is not a party to the agreements governing the use of the Amu Darya waters, the country can still be affected or harmed by downstream uses of these waters, as Afghanistan’s future use of the Amu Darya can be foreclosed or limited.