The recent floods that destroyed large parts of Pakistan have once again highlighted the dangers faced by lower riparian countries, particularly those with transboundary river systems.

The torrential rains forced the upper riparian authorities in India to release large amounts of water from their storage facilities and barrages, which could have been better managed through planning, a responsibility of the upper riparian state. This caused surges that travelled downstream into Pakistan. People left their homes and the crops were destroyed; there was massive damage to the infrastructure. There is a need to safeguard the rights of low-riparian states, not only Pakistan, but all low-riparian states, under international law. We need to focus on the joint water management systems between lower and upper riparian states; however, the primary responsibility surely lies with the upper one. We also need to focus on domestic vulnerabilities, such as encroachments and violations of natural water channels.

The riparian rights are well defined in water law and it focuses on the rights of the states that are situated along a standard river system. It explains explicitly the rights of the lower riparian and the obligations of the upper riparian states. Customary international law has long recognized their rights, as demonstrated by the "no significant harm rule" and the "equitable and reasonable utilization" principle.

These guidelines are codified in the United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses (1997). Article 5 guarantees the rights of all riparians by ensuring fair and reasonable use of international watercourses, while Article 7 prohibits upper riparians from any action which can cause harm to lower riparians. Similarly, the Helsinki Rules (non-legally binding) on the Uses of the Waters of International Rivers (1966) emphasize sustainability, equity and the rights of all riparian states.

For Pakistan, a lower riparian in the Indus Basin, these principles are not abstract ideals; they are matters of life and death. Headworks, dams and storage facilities across the rivers that ultimately flow into Pakistan are under the jurisdiction of India, the upper riparian. The abrupt discharge of floodwaters during heavy rains is not solely a natural occurrence; it is also a contributing factor that is exacerbated by the human management -- or mismanagement -- of shared resources. The Indus Waters Treaty (IWT) from the World Bank in 1960 included rules for limited use and procedures for settling disputes. The Treaty, on the other hand, primarily addressed how to allocate water resources, rather than how to manage floods or coordinate environmental changes. Over the last few decades, India has been building dams and hydropower projects on its western rivers, which has led to disagreements and shows Indian manipulation. IWT doesn't fully address problems such as climate change, coordinated flood management and ecological balance, which have made Pakistan susceptible. There is a need to update the treaty, which should ensure the rights of the lower riparian in this climate change context. We must honour the 1997 UN Watercourses Convention, ensuring Pakistan's rights through a critical evaluation by a team of experts.

International law safeguards these rights. The International Court of Justice (ICJ) ruled in 1997 that it was necessary to prevent harm and make sure that everyone used the shared watercourses fairly in the Gabcíkovo-Nagymaros Project case (Hungary v. Slovakia). The Pulp Mills case (Argentina v. Uruguay, 2010) also made it clear that people who share waters must inform each other and communicate before taking any actions that could affect them.

These decisions indicate that upper riparians have a duty to prevent damage that crosses borders, share information and collaborate with lower riparians. In the context of South Asia, India must ensure that dam releases and storage activities do not cause floods in Pakistan downstream. We also need to have open conversations on how to manage water; our disaster management departments must be in sync to mitigate these challenges.

Pakistan must ensure that India shares real-time information about dam storage levels, rainfall patterns and planned releases well in advance. The NDMA should also forecast these and maintain a record of them. A unified Indus Flood Management Commission could be established to ensure that responses are coordinated, similar to basin commissioners in Europe and Africa. Encroachment is a significant problem which exists in third-world countries, where the rules are violated, the riverbeds are used, green lands are converted to brown and the safety distance from the banks of flood channels is violated. These all steps impede the flow of water or come in the way of it. Pakistan needs a robust policy developed by subject specialists, supported by international experts, to adopt a multi-pronged approach.

Pakistan must strictly enforce zoning regulations, carry out a detailed survey of land, get rid of unlawful encroachments from floodplains and bring back the rivers' and nullahs' natural width. The National Disaster Management Authority (NDMA) and provincial agencies must collaborate with local governments to establish and maintain clear water channels. This drive has to be ruthless to ensure the safety of life and property, which are the pillars of the Constitution of Pakistan.

Ensuring the provision of water to the lower riparian is a legal and moral duty of the upper riparian. Upper riparians are supposed to ensure that the due share is given, that the water course is not contaminated and that there is no harm which can come to the lower riparian. The course of water is protected and all the rights guaranteed in international law are safeguarded and ensured.

-- The writer is a International Law expert with a rich experience in negotiation, mediation and Alternate Dispute Resolution.