Course Outline of Water Law & Policy for LLM Program

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Spring-2015

SUBJECT DETAILS
Full Subject Title
Course Code
Total Credit points
Semester effective form
Department
Program
Level
Batch

: Water Law and Policy

: Law-3221
:3
: Spring-2015
: Law
: LLM
: Graduate
: 26th & 27th

Course Teacher
Ehteshamul Hoq (EH)
Senior Lecturer
Department of law
Bangladesh Islami University
Email: enoman@gmail.com
Preferable mode of communication: email
Cell-01919366626
RELEVANT LAWS
a)
b)
c)
d)
e)
f)

Water Act 2013

The Bengal Irrigation Act 1876
Bangladesh Water and Power Development Board's Order 1872
The National Water Resources Council (NWRC)
WARPO (Water Resources Planning Organisation)
UN Watercourses Convention 1997

RELAVENT LAWS & POLICIES

In Bangladesh the following policies are there with regard to drinking water and water
bodies:

National Drinking Water Policy (1999),

National Environment Policy (1992),
National Fish Polity (1998)
National Water Supply and Drainage Policy (1998),
National Agriculture Policy (1999),
National Forestry Policy (1998),

Course Outline of Water Law & Policy for LLM Program

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National Industry Policy (2010),

National Naval Policies (2000),
National Land Policy
National Water Management Plan,
Coastal Zone Policy.

In Bangladesh the following legislations are there with regard to drinking water and
water bodies:
National River Protection Commission Act, 2013,
Bangladesh Water Act, 2013
Water Resource Planning Act, 1992,
Bangladesh Water Development Board Act, 2000,
Ground Water Management Ordinance (1985),
Bangladesh Environment Conservation Act, 1995,
The Canal Act, 1864,
The Embankment & Drainage Act, 1952
Water Supply and Drainage Authority Act, 1996
Real Estate Development and Control Act, 2010,
The Ports Act, 1908,
The Public Parks Act, 1904,
The Irrigation Act, 1876,
The Tanks Improvement Act, 1939,
The Cantonments Act, 1924,
The Territorial Waters and Maritime Zones Act, 1974,
Local Government (Municipal) Act, 2009,
Local Government (City Corporation) Act. 2009,
COURSE DESCRIPTION
International Law of Water Resources: The basic concepts of international law relating
to the navigational and non-navigational uses of international water resources (surface
water and groundwater). The UN Convention on the Law of Sea. The role of
international commissions in the regulation and management of international waters will
also be discussed. The course will address specific issues of dispute settlement and
preventive diplomacy in the particular case of international water conflicts. Special
reference will be given to the UN Convention on the law of the Non-navigational Uses of
International Watercourses 1997 along with its criticism. The work of the International
Law Commission of the United Nations, the International Law Association and the
Institute of International Law in the field of international water resources law will be
analyzed. National Water Law and Regulation. The principles of national water law
and administration. Basic historical and current concepts of water law will be identified
and analyzed. Existing systems of water law in various countries will be examined and

Course Outline of Water Law & Policy for LLM Program

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compared. Ownership and entitlement with respect to water resources; legal regimes
governing the right to use water; regulation of beneficial uses of water resources and
water quality and pollution control. Finally, such issues as water resources administration
and privatization of water industry will be examined, National Water Policy-1999,
National Water Management Plan, 2001.

BOOK RECOMMENDED:
1. Mohammad Khurshed Alam, Bangladeshs Maritime Challenges in the 21 st
Century
2. The United Nations Conference on the Law of the Sea
3. Ziaur Rahman, Water Sharing Discord Between Bangladesh & India
4. Govt. Publication, Water Law
5. Water Education in African Cities
6. Qamrul Islam, Water & Environment
7. AGU, Water Resource Research
8. The Law of International Water Courses, Stephen C, McCaffery,
9. Manual on Land Water
10. Water and International Process
11. Waltina Scheumann; Axel Ktephake, The Convocation on the Law of Nonnavigational Uses of International Water Courses.
12. Dr. Patricia Wauters, The Legal Response to the International Water Scarcity &
Water Conflicts: the UN Watercourses Convention & Beyond.
IMPORTANT LINK:
1. http://www.internationalwaterlaw.org/links/water-law-policy.html
2. http://www.internationalwaterlaw.org/institutions/transboundary_wmos.html
(Trans boundary Water Management Organizations)
3. http://www.warpo.gov.bd/annualRep.html (WARPO)
4. http://internationalwaterlaw.org/documents/intldocs/watercourse_conv.html
(UN 1997 Convention)
5. http://internationalwaterlaw.org/documents/regionaldocs/indo-bangladesh.html
(Statute of the Indo-Bangladesh Joint Rivers Commission)
6. http://www.unwatercoursesconvention.org/ (UN Watercourses Convention
(UNWC) Online)
7. http://www.bangladesh.gov.bd/www.bangladesh.gov.bd/index16f0.html?q=bn
(National web portal of Bangladesh)
ABBREVIATION
Abbreviation
NWP
MoWR
JRC

Abbreviation
DPHE
BARC
BWDB

Abbreviation
BIWTA
BMD
DWASA

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IWM
BHWDB
DMB

RRI
CEGIS
DPHE

DoE
BADC
BWDB

Lecture
Number
Lecture No-1-2

Lecture topic/ Schedule

Introduction to the course

Discussion of course outline
Course purpose, Goals and Objectives
Course outcomes

Lecture No-3
Lecture No.-4

Lecture No-05

Lecture No.-7
Lecture No.- 8
Lecture No.- 9
Lecture No.- 10

Lecture No.- 11

Lecture No.-12

Lecture No.-13
Lecture No.-14
Lecture No.-15
Lecture No.-16
Lecture No.-17
Lecture No.-18
Lecture No.-19
Lecture No-20

Mid Term Exam

Overview of Environmental laws of Bangladesh
Constitutional Provisions and the Environmental Protection

International Law

SUBJECT CONTENT AND SCHEDULE

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Lecture No-21

Spring-2015

Lecturer No-22
Lecture No-23

Lecture No-24

Lecture No-25

The Polluter Pays Principle: Bangladesh Perspectives:

Background to environmental costs and the Polluter Pays Principle
(PPP)
The PPP is not new for Bangladesh
Bangladesh pollution laws, agencies, costs to the polluter and the
affected
Calculating pollution management costs in Bangladesh
Full cost recovery and polluter and user pays principle
Rethinking pollution costs and environmental liability
Problems of Polluters Pay Principle

Lecture No-26
Lecture No-27

Ship breaking Industries in Bangladesh

Class Test + Review Class

Lecture No-28

TERM-FINAL

National Policies
National Water Policy (1999): The GoB places increasing emphasis on the proper
management of the country's water resources. It conforms to internationally accepted
principles of integrated water resources management, such as laid down in the DublinRio statements.
National Policy for Safe Water Supply and Sanitation (1998): This policy calls for
nationwide access to safe drinking water and sanitation services at an affordable cost
(sanitation is defined as sewage disposal, solid waste management and storm water
drainage). The objective is to improve public health and produce a safer environment
by reducing water-borne disease and contamination of surface water and groundwater.
National Environment Policy (1992): The policy highlights the need to maintain
ecological balance and overall development through protection and improvement of
the environment and protect the country against natural disasters. It seeks to identify
and regulate activities that pollute and degrade the environment to ensure
environmentally sound development in all sectors.

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IMPORTANT ABBREVIATION
Serial

Abbreviation
NWP
MoWR
JRC
IWM
BHWDB
DMB
DPHE
BARC
BWDB
RRI
CEGIS
BIWTA
BMD
DWASA
DoE
BADC
BWDB

Elaboration