Source: Just Security 

Bowen Chang’s article analyzes the escalating water disputes in the Himalayan region, focusing on China’s dam project on the Yarlung Tsangpo and India’s suspension of the Indus Waters Treaty. It situates these conflicts within the broader context of international law governing transboundary rivers, particularly the 1997 UN Watercourses Convention. The Convention codifies principles of equitable utilization and the obligation not to cause significant harm, which are increasingly recognized as customary international law.

The article critiques the fragmented nature of river basin treaties and highlights the Convention’s potential as a legal backstop to govern disputes where treaties are absent or fail. It discusses the International Court of Justice’s 2022 ruling in Chile v. Bolivia, which affirmed the applicability of these principles even between non-signatories. The piece argues for stronger international cooperation and legal frameworks to ensure water security and prevent unilateral actions that exacerbate regional tensions.