The India–China Brahmaputra River Dispute: A Legal Analysis Based on International Watercourse Law

Abstract

The dispute between India and China regarding the Brahmaputra River (Yarlung Zangbo/Tsangpo in China) is a complex issue driven by strategic interests and water resource concerns, with implications for regional stability. Although India and China are not signatories to the 1997 United Nations Convention on the Law of Non-Navigational Uses of International Watercourses (UNWC), this paper explores how principles of international water law can be effectively applied to resolve this dispute. The key principles of equitable and reasonable utilisation and the obligation not to cause significant harm are examined in the context of their applicability to the actions of both nations. China's management of the Brahmaputra, including dam construction and water allocation, raises questions regarding compliance with these international norms. The principle of equitable utilisation requires both countries to use the shared watercourse fairly and reasonably, considering each state's needs and circumstances. Similarly, the obligation not to cause significant harm mandates that China's upstream activities not adversely affect downstream countries, which rely heavily on the river for water needs. By focusing on international law, this study aims to provide a framework for resolving the Brahmaputra River dispute, highlighting the importance of adherence to established water-sharing principles.