Abstract:
Groundwater is one of the most important natural resources for the survival of human being. India and Pakistan depend greatly on the groundwater as well as transboundary Indus Basin Aquifer. Indus Basin Aquifer being the second most stressed aquifer in the world has been neglected by both the states and neither there is any domestic legislation nor a bi-lateral treaty between both states. Though, there is lack of bi-lateral treaty regulating Indus Basin Aquifer, customary international law is binding in nature, and imposes duties upon both the states to regulate the groundwater. Principles of no significant harm, equitable utilization, mutual cooperation and exchange of information are some of the principles that are binding on both states on both states under customary international law. However, both states should conclude treaty to save aquifers from depletion and better use of precious fresh water resource.
