RIVERS BEYOND BORDERS: AN INTERNATIONAL LAW PERSPECTIVE ON SOUTH ASIA’S WATER DISPUTES OF INDUS, GANGES-BRAHMAPUTRA-MEGHNA (GBM) BASIN
AUTHOR – DNYANESHWARI JADHAV, LLM STUDENT AT MODERN LAW COLLEGE
BEST CITATION – DNYANESHWARI JADHAV, RIVERS BEYOND BORDERS: AN INTERNATIONAL LAW PERSPECTIVE ON SOUTH ASIA’S WATER DISPUTES OF INDUS, GANGES-BRAHMAPUTRA-MEGHNA (GBM) BASIN, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 11-24, APIS – 3920 – 0001 & ISSN – 2583-2344.
Abstract
This study starts by tracing the development of international water law and by outlining its ey current concepts and principles. Against that background, the authors focus on the hydro-politics of four countries of the South Asian Sub-continent: Bangladesh, India, Nepal, and Pakistan. They analyze the problems these countries have encountered as riparians of international rivers and how they have addressed them. In particular, the study reviews the treaty regimes governing the Indus River basin, the Ganges River basin, and the Kosi, Gandaki, and Mahakali river basins. Each of these regimes is described in depth, but special attention is devoted to the main problems each of the treaties sought to address: dispute resolution in the context of the Indus, water-sharing with respect to the Ganges, and an integrated approach to water resources management for India and Nepal with respect to the Kosi, Gandaki, and Mahakali rivers. In the final part, the authors review treaty experience and offer observations on bilateralism and multilateralism, third-party intervention, water rights and benefits, institutional arrangements, and dispute resoSolution. They conclude by stressing the importance of cooperation throughout the treaty-making process. [1]
South Asia’s transboundary river systems—most notably the Indus and Ganges-Brahmaputra-Meghna (GBM) basins—serve as vital resources for over a billion people. Yet, they continue to be sources of ongoing geopolitical tension and ecological vulnerability. This article explores the legal aspects of cross-border water sharing, examining how international law frameworks such as the UN Watercourses Convention, the Helsinki and Berlin Rules, and principles of equitable and reasonable use relate to the region’s complex hydropolitics[1]. By comparing the Indus Waters Treaty and the Ganges Water Sharing Treaty, the article assesses the strengths and weaknesses of bilateral approaches in addressing modern issues like climate change, upstream hydropower development, and decreasing water quality. It advocates for a shift toward basin-wide, cooperative legal regimes that incorpora te ecological sustainability, human rights, and regional diplomacy. Combining doctrinal analysis with policy critique, the article advances the discussion on transboundary water governance and suggests legal pathways for conflict resolution and fair resource management in South Asia.[2]
Water has emerged as a pivotal issue in global geopolitics, particularly in regions where rivers traverse national boundaries. The transboundary nature of freshwater systems inherently involves multiple states, making their governance a matter of international concern. With the global population expanding rapidly—coupled with intensified industrial activity, urban sprawl, and diminishing freshwater availability—both surface and groundwater resources are under unprecedented strain.
South Asia, home to nearly one-fourth of the world’s population, exemplifies this crisis. The region is marked not only by demographic density but also by some of the most persistent and complex interstate tensions over shared water resources. The legacy of partition between India and Pakistan laid the foundation for enduring disputes over river systems, particularly the Indus basin. Beyond this bilateral conflict, India’s water relations with Bangladesh, Nepal, and Bhutan have also been fraught with contention, often revolving around issues of upstream control, seasonal variability, and lack of institutional coordination.[1]
This study investigates the underlying causes of these transboundary water disputes, the severity of water scarcity across the region, and the broader implications for diplomatic and regional stability. It argues that effective water governance—anchored in transparent institutions, equitable legal frameworks, and cooperative mechanisms—is essential for sustainable management. Such governance must not only address internal water distribution but also facilitate cross-border collaboration rooted in mutual benefit and ecological stewardship.[3]
Keywords: Water governance, scarcity, hydro politics, security, conflict
[1] Kishor Uprety & Salman M. A. Salman, Legal Aspects of Sharing and Management of Transboundary Waters in South Asia: Preventing Conflicts and Promoting Cooperation, 56 Hydrological Sciences Journal 641 (2011), http://www.tandfonline.com/doi/abs/10.1080/02626667.2011.576252.
[2] Uprety and Salman, supra note 1.
[3] 09_chapter 1.Pdf, https://shodhganga.inflibnet.ac.in/bitstream/10603/16725/9/09_chapter%201.pdf (last visited Sept. 4, 2025).