• There has been an increase in the magnitude, the frequency and the intensity of floods in many parts of the world.
• Nearly a third of Pakistan is experiencing significant damage, with a spread of diseases and severe water shortages after intense flooding.
• Assam experienced one of its worst floods in June,2022 which affected over 30 districts.
• Flooding is a recurring problem in some districts in Assam and Bihar, which makes it difficult to address poverty and achieve Millennium Development Goals.

Riparian state

• Literally, Riparian means anything located on or related to the banks of a river.

International laws

• The customary international law principle of non-use of one''s territory to harm another state applies to situations where a shared natural resource is used.
• This means that all states have a binding obligation not to release water to cause floods in another co-sharer.
• The obligation to manage floods creates other procedural norms that support the management of floods, such as notification of planned measures, the exchange of data and information, and public participation.
• The International Court of Justice (ICJ) ruled in the case of Argentina vs Uruguay (2010) that it is customary international law for countries to conduct transboundary environmental impact assessments (TEIA) when planning measures or projects that will have a significant impact on the shared watercourse.
• The ICJ noted that the state in control of an affected party must notify the party of the results of the TEIA assessment so that the party can participate in the process of ensuring that the assessment is complete.

Co-operation with respect to flood control includes:

• Collection and exchange of relevant data;
• Preparation of surveys, investigations and studies and their mutual exchange;
• Planning and designing of relevant measures;
• Execution of flood control measures;
• Operation and maintenance of works;
• Flood forecasting and communication of flood warnings;
• Setting up of a regular information service charged to transmit the height of water levels and the discharge quantities.

India’s concern over Brahmaputra

• India is concerned about the potential consequences of China''s excessive water releases from the Brahmaputra River as a "dam controller."
• China holds considerable leverage over India in relation to the Brahmaputra River, which flows between India and Bangladesh.
• There is no comprehensive sub-basin or all basin-level mechanism to deal with water management of the Brahmaputra.
• Neither India nor China are party to United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses (UNWC) 1997 or the United Nations Economic Commission for Europe (UNECE) on the Protection and Use of Transboundary Watercourses and International Lakes 1992 (Water Convention).
• UNWC deals with harmful water conditions and emergencies.
• Article 27 states that watercourse states should take all appropriate measures to prevent or mitigate conditions that may be harmful to other watercourse states, including floods or ice conditions.
• India has a memorandum of understanding (2013) with China that allows the sharing of hydrological information during the flood season.
• However, India is not allowed access to information about China''s activities in its Basin.
• If India were to become a party to the UNWC or the Water Convention, this would pave the way for a bilateral treaty on the Brahmaputra.

Flood Management in India-Nepal

• Flooding is a recurring problem in the Koshi and Gandak river basins shared by India and Nepal.
• The intensity and magnitude of flooding is rising because of heavy seasonal precipitation and glacial retreat, which are all affected by human-induced stressors.
• The two neighbours need to work together to manage the basin and flood risk, since it is important to view the river basins as a single entity.
• However, India considers data on transboundary rivers as classified information, which is one of the key challenges in developing cross-border flood warning systems.
• The India-Nepal Koshi agreement of 1954 is aimed at reducing devastating flooding in the river basin.
• The treaty-based joint bodies have also tried to refine the early warning systems for flood forecasting.

Flooding is a natural phenomenon that cannot be prevented entirely, but it can be made worse by the lack of transparency in the sharing of hydrological information between riparian states. This can make it difficult to understand the magnitude of flooding. In light of the cataclysmic floods in Pakistan and the visible effects of climate change, it is important that all riparian states comply with all the procedural duties pursuant to the no harm rule.