Transboundary River Pollution and State Responsibility: Rethinking the India-Bangladesh Ganges River Water Sharing Treaty (1996) under International Environmental Law

Abstract

This research will explore the legal and environmental implications of transboundary river pollution, particularly in the context of the 1996 India-Bangladesh Ganges River Water Sharing Treaty. It reviews the responsibilities of States under International Environmental Law and their preventive role in preventing transboundary environmental harm. This research assesses the effectiveness of the 1996 Ganges Treaty in controlling pollution and ensuring environmental justice for affected communities in Bangladesh through the treaty's provisions, comparative legal frameworks and relevant judicial decisions. The findings suggest that pollution prevention has not been effective due to the lack of binding obligations and adequate environmental protection mechanisms in the treaty. This research compares the 1996 Ganges Treaty with other international river treaties such as the Indus Waters Treaty, the Mahakali Treaty, Mekong River Basin and the Rhine River Convention, and highlights the need for a more binding and environmentally sound legal framework.