1 The Quest for Nepal China Boundary Water Co-operation Rajendra Kishore Kshatri Executive Summary The prime objective of this article is to illuminate the importance of the Border Management System Agreement of 13 October 2019 between Nepal and China wherein the principle of boundary water cooperation is embodied. The purpose is also to highlight the main features of the Agreement and the key provisions related to the boundary water, as well as to make responsible authorities vigilant and aware of the consequential significance of this Agreement, which remained unnoticed even for most government institutions and officials. This Agreement is a great milestone that guarantees the uninterrupted source of water, no significant harm and the prohibition to divert the cross-border rivers. This is a firm commitment evident on the part of China as an upstream nation. This indeed is a huge outcome. This turns out to be more important as China has a huge rate of growth in water use that continues to upsurge with its fast-growing economy, population and its moves towards further industrialization and urbanization. But Nepal seems imprudent to implement this Agreement by completing the legal requirement to make it a binding instrument applicable to both the countries. Nepal must be blamed for this missed opportunity if anything goes against it later. It is more generally indicated that China is reluctant in institutionalizing cooperation over water through treaties or other instruments given its water requirement. This mere allegation now becomes absolutely misleading, as the basic principles mentioned in this Agreement are completely inline with the UN Convention for the non- navigational uses of international watercourses despite China voted against it. The Agreement of 13 October 2019 between Nepal and China qualifies to bring States’ obligation with regard to attaining development, utilization, conservation as well as consistent with adequate protection of cross border water resources from any detrimental uses. It also provides the forum for the exchange of data and information for disaster risk reduction and mitigation as well as the establishment of Nepal China Border Joint Commission for approval, supervision of the cross border water resources projects as well as monitoring the execution of the Agreement as its essential key provisions. This Agreement not only constitutes a milestone in the development of water use and its conservation but also is a contribution towards strengthening peace in South Asia. Introduction Nepal shares its border with China in the north. Nepal and China have a common border with a range of 1,414 kilometers[1] that is mostly undefended. Both of them enjoy friendly and cordial relations. Nonetheless, there was a time when they fought for their borders[2]. On September 20, 1950 they signed an agreement to maintain friendly relations and to foster trade and commerce between them. This was indeed an agreement designed to forestall or resolve conflicts that may arise by the earlier agreements between Nepal and Tibet, China. This Agreement of September 20, 1950 contains a provision of pactum de contrahendo, i.e., an agreement to agree on new terms and to supersede thereby existing treaty obligations to end.