ABSTRACT

The Yarlung Zangbo/Brahmaputra, shared by China, India, Bhutan and Bangladesh, lacks a comprehensive legal framework. Following an overview of the basin, the paper analyses state and treaty practice through a legal lens, comparing the riparian state positions, based on their approaches to sovereignty. Finding fragmented transboundary water cooperation across the basin, two possible approaches that might help are explored. Taking inspiration from the hydropower projects on parts of the watercourse, and from existing multilateral environmental agreements, it is queried whether future cooperation might be fostered through legal arrangements for joint exploitation, or through joint protection under multilateral environmental agreements.