Treaty Principles and Patterns: Selected International Water Agreements as Lessons for the Resolution of the Syr Darya and Amu Darya Water Dispute

Abstract

After the collapse of the Soviet Union, Kyrgyzstan, Tajikistan, Uzbekistan, Turkmenistan, and Kazakhstan became independent states. The Amu Darya and Syr Darya Rivers, which were once under the auspices of one country, were now shared among five republics. Management of the two rivers and coordination of the water-sharing regime—once the responsibility of Moscow—became embroiled in the politics of newfound sovereignty. The water sharing regime and barter arrangements, which involved trading cheap fuel and electricity provided by downstream countries (Uzbekistan, Turkmenistan, and Kazakhstan) for water released by upstream countries (Kyrgyzstan and Tajikistan), was interrupted. Payments for reservoir upkeep were also halted. Additionally, Kyrgyzstan and Tajikistan have argued that they would like to develop their hydropower potential and receive monetary compensation for the inequitable water-sharing regime, favouring cotton production downstream. The five republics have achieved little progress in better sharing and managing their common waters and the current situation is far from satisfactory. In addition to discussing the water dispute and considering some of the interim progress made among the countries, this chapter will review lessons from other international water agreements that may provide a more adequate and long-term solution to the Central Asia water dispute. The chapter will specifically highlight two main principles (compensation for facility use and compensation for downstream benefits), which are expressed in several agreements that span conflicting water uses among upstream and downstream states. These principles can, in turn, be appropriately applied to the dispute over the Syr Darya and Amu Darya Rivers.