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Research Paper | Political Science | Volume 15 Issue 7, July 2026 | Pages: 808 - 815 | India
Beyond Non-Binding Agreements: Legal Vacuums in Transboundary Water Governance between China and India
Abstract: This article examines the persistent absence of binding legal frameworks governing transboundary rivers between China and India, arguing that the current reliance on non-binding arrangements has created a significant legal and institutional vacuum. Despite sharing critical river systems originating from the Tibetan Plateau, including the Brahmaputra, Sutlej, and other Indus tributaries, both states have refrained from developing enforceable treaties or comprehensive basin-wide governance mechanisms. Instead, their engagement is limited to memoranda of understanding (MoUs), seasonal hydrological data-sharing agreements, and diplomatic exchanges lacking legal accountability. The article examines this governance gap within broader structural factors, including geopolitical asymmetry, competing doctrines of territorial sovereignty, and China?s strategic preference for flexibility in managing upstream resources. It contends that while such informal arrangements have contributed to short-term stability, they inadequately address long-term challenges such as cumulative ecological degradation, disaster risk management, and information asymmetry. The absence of dispute resolution mechanisms further exacerbates downstream vulnerabilities, particularly for India. By critically analyzing the legal, political, and environmental dimensions of this issue, the article highlights how the current framework effectively normalizes unilateralism in transboundary water management. It concludes by exploring potential pathways toward more institutionalized cooperation, including confidence-building measures, incremental legalization, and the possible role of international norms in fostering equitable and sustainable governance of shared water resources.
Keywords: Transboundary rivers, hydro-hegemony, China?India relations, Brahmaputra, international water law, climate change, basin governance
How to Cite?: Yogesh Nair, "Beyond Non-Binding Agreements: Legal Vacuums in Transboundary Water Governance between China and India", Volume 15 Issue 7, July 2026, International Journal of Science and Research (IJSR), Pages: 808-815, https://www.ijsr.net/getabstract.php?paperid=SR26708232543, DOI: https://dx.doi.org/10.21275/SR26708232543