TRT Global - India faces diplomatic challenge after rejecting jurisdiction of international court on water treatyIndia may find itself in a dipl...
Published on by Water Network Research, Official research team of The Water Network
India may find itself in a diplomatic quagmire after rejecting an international court’s ruling that New Delhi must allow the unimpeded flow of western rivers for Pakistan’s “unrestricted use”.
The binding decision issued last week by the Permanent Court of Arbitration (PCA) came after Islamabad approached The Hague-based forum, seeking clarity on how the construction of two hydroelectric projects by India would affect the flow of water to Pakistan.
India, however, refused to recognise the court’s jurisdiction over its hydroelectric projects, escalating tensions between the neighbours and threatening the stability of the decades-old Indus Waters Treaty (IWT).
New Delhi escalated the water wars in April by unilaterally suspending the 1960 IWT, accusing Pakistan of backing the Pahalgam terror attack that killed 26 people in India-administered Kashmir. Pakistan has denied any involvement.
Islamabad and New Delhi walked back from the brink of a nuclear catastrophe in May after four days of intense military stand-off, which included the largest dogfight since World War II.
The unanimous court ruling clarified last week that the treaty applies to hydroelectric projects that India is building on the western rivers, namely the Indus, Jhelum, and Chenab.
Pakistan has hailed the court decision as a “vindication” of its stance.
“The award explains that decisions of the court of arbitration and neutral experts are final and binding on both parties,” Abid Suleri, executive director of Islamabad-based Sustainable Development Policy Institute, tells TRT World.
“India’s refusal does not nullify the ruling. It only places India in breach of its treaty obligations if it acts inconsistently,” he adds.
Shafiqul Islam, director of the Water Diplomacy Programme at Tufts University, echoes this view, saying India’s refusal will have significant legal and geopolitical risks for the country.
“India would face reputational damage as a treaty violator, especially when it’s actively seeking global leadership roles,” Islam tells TRT World.
The IWT, brokered by the World Bank in 1960, allocates the use of the Indus River system between India and Pakistan. It grants India limited rights to develop hydroelectric power projects on the western rivers, while ensuring Pakistan’s unrestricted access to their waters.
Disputes over the under-construction Kishenganga and Ratle hydroelectric projects in India-administered Kashmir prompted Pakistan to initiate arbitration in 2016.
But India boycotted the proceedings after objecting to the court’s competence.
Despite New Delhi’s absence, the court upheld its jurisdiction, ensuring procedural fairness by incorporating India’s views from prior correspondence and public records.
The court has asserted that arbitration awards are binding on both nations and have a “controlling effect” on future dispute resolution.
The court underscored the treaty’s purpose, which is to balance India’s hydroelectric ambitions with Pakistan’s downstream water rights, mandating strict compliance with design specifications and robust cooperation through notification and information-sharing.
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https://trt.global/world/article/fe7043dbe633Taxonomy
- Policy
- India
- Construction of Water Projects
- Water Diplomacy
- Water Special Projects,
- international
- India