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1. Introduction
Rivers do not follow political borders while flowing on their natural courses. It is estimated that about 148 states have international basins which are being shared. There are 276 transboundary river basins in the world out of which 64 are in Africa, 60 are in Asia, 68 are in Europe, 46 are in North America and 38 are in South America. These transboundary rivers are shared between two or more countries, while the Danube River is shared by the maximum number, i.e. 18 countries. There are several examples where water sharing proved to be a source of cooperation rather than conflict (http://www.unwater.org). Generally three mind-sets exist regarding sharing of water between different countries: firstly the upper riparian mind-set (Harmon Doctrine), which claims the sovereign right of water into their territory; secondly the downstream riparian mind-set (historic existing mind-set), which claims integrity of river flows; and thirdly the water sharing mind-set (need based), which is based on cultivable land, population, existing uses and future projects. There are several existing examples of all these mind-sets in various parts of the world. Instead of comprehensive multilateral treaties, numerous basins are being governed by bilateral treaties (Transboundary Freshwater Dispute Database (TFDD), 2011).
Conflicts emerge on sharing of water resources due to obvious reasons based on needs and benefits linked with availability of fresh water. Various international rules and conventions exist as a guideline for customary law and principles for water sharing. There are established transboundary water resources management principles that are recognized by international conventions, treaties and judicial decisions. The Berlin Rules (2004) ‘United Nations Convention on Non-Navigational Uses of International Watercourses’ (1997) and ‘Helsinki Rules (1966) on the Uses of the Waters of International Rivers’ by the International Law Association are based on these principles and are the guiding documents in this regard. Eleven factors from the Helsinki Rules are deliberated in defining ‘a reasonable and equitable share’ and deciding the share of water (Salman, 2007; Rahaman, 2009a, 2009b; Donzier et al., 2011).
Since the early 1990s, due to the obvious increase in water uses, strain on the Indus Water Treaty (IWT) increased resulting in a water stress situation between India and Pakistan. This tension is generally attributed towards growing demand, declining availability of fresh water...