ABSTRACT

Instruments in the multilevel governance frameworks include instruments from the transboundary normative frameworks; instruments of the 2009 Water Law in Afghanistan; and the 2018 National Water Policy in Pakistan. Pakistan’s water goal emphasises increased productivity through better management while Afghan water laws foster human rights, equitable distribution and conservation accordingly by incorporating local customs and Sharia. Despite the presence of formal legal frameworks for water, the local customs and Sharia laws are historically grounded in local contexts which undermines some elements within the formal laws that contradict the local customs. Water issues are seen through the lens of territorial sovereignty where water data is treated as state secrets prohibiting information sharing. Pakistan, being a hydro-hegemon in this case can use its powerful position to initiate dialogue for transboundary water cooperation, also by involving international players. People near water are more important economically along the Helmand and Kabul rivers.