Climate, but more importantly in today’s context, climate change, has seldom been restricted or bound within national borders. Increasing temperatures, the warming of the oceans along with destruction of entirely fragile ecosystems affect all countries, albeit with some more at risk than others. Asia, and particularly South Asia stands out as one such example. Himalayan glacier melts, heatwaves, droughts, depleting groundwater reserves, and increasing levels of air pollution juxtaposed with an ever-increasing population burden puts the region at a crucial juncture, with sustainability, development and adaptation all angling for space and priority.

While it is easy to consider all countries in isolation, the unique modern history and geography of South Asia means that nearly all countries will be affected. Rivers such as the Indus, Ganga, and Brahmaputra are transboundary Himalayan rivers. Thus, decisions taken by countries upstream affect the fates of the millions who live near the discharge mouths and basins of the rivers along with cases of extreme monsoons causing large scale flooding. Unlike the Water Framework Directive, International Commission for the Protection of the Rhine, or even the Mekong Framework, the Himalayan rivers do not have a combined transnational law or agreement that governs their resources and stipulates usage for consumption in a sustainable manner. Individual treaties between the countries, like the Indus Waters Treaty, which is currently in abeyance, have mitigated some issues but larger questions entailing larger climate law as well as community-led sustainable development are far from being answered.