Indus Waters Treaty

Hague Court Rules Indus Waters Treaty Remains Fully in Force

The Permanent Court of Arbitration in The Hague has ruled that the Indus Waters Treaty remains fully in force, rejecting India’s decision to place the agreement “in abeyance”. The unanimous ruling means India remains bound by its obligations under the 1960 treaty, including rules governing hydro-electric projects on the Western Rivers.

The court said India’s move could only amount to a claim that the treaty had been suspended or terminated. However, it found no legal basis for either action. The treaty itself does not allow one country to suspend or terminate it unilaterally and provides that changes must be agreed by both India and Pakistan through a further treaty.

The court also examined the grounds India had cited for its position, including alleged breaches by Pakistan, changes in circumstances, armed conflict and countermeasures. It concluded that none of these grounds met the legal requirements for suspending or ending the treaty. The court therefore determined that India must continue observing its treaty obligations.

Alongside the ruling, the court issued interim measures concerning the Ratle Hydro-Electric Plant in Indian-administered territory. It prohibited India from carrying out concreting work above specified levels on parts of the dam wall and power intake structure while the Neutral Expert considers whether the project design complies with the treaty.

The restrictions on the dam wall and power intake structure will remain in place until 90 days after the Neutral Expert issues his final decision. The decision is expected around July 2027. The court said completing disputed construction before that decision could make later changes difficult and extremely costly if the design is found inconsistent with the treaty.

The court also ordered India to report any changes to the Ratle construction schedule to the court, the Neutral Expert and Pakistan. That reporting requirement will continue until the Neutral Expert delivers his final decision. The court said transparency over construction activity was necessary to protect the proceedings and avoid prejudice to their final outcome.

Pakistan welcomed the decision and said its government would carefully examine the award and interim order. Islamabad will also assess how the rulings could help create a path for renewed engagement between the two sides. Pakistan said compliance with the legal obligations under the Indus Waters Treaty would form the basis for any renewed interaction between India and Pakistan under the agreement.

 

 

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