A landmark ruling by The Hague-based Permanent Court of Arbitration (PCA) has disallowed India’s objections and admitted Pakistan’s case for water use in the Indus River basin as admissible, giving new life to an age-old dispute.
Pakistan and India have been locked in a heated battle over hydroelectric projects on the Indus River and its tributaries for years, with Pakistan fearing that planned dams by India may reduce waterflow, endangering its vital irrigation operations that depend on this river system.
The dispute involves India’s construction of two hydroelectric projects on the Jhelum River: Kishanganga on Jhelum and Ratle Hydroelectric on Chenab in Indian Illegally Occupied Jammu and Kashmir (IIOJK).
Pakistan initiated PCA arbitration proceedings in 2016, while India insisted upon the appointment of a neutral expert through the World Bank as per its 1961 Indus Waters Treaty (IWT).
Even without India present at The Hague court proceedings, the PCA decisively rejected India’s objections and upheld their competence to consider and decide on Pakistan’s Request for Arbitration. Going forward, this court will focus on interpreting and applying bilateral IWT provisions related to hydroelectric projects as well as considering any past decisions by dispute resolution bodies under said treaty and their legal impact.
India contends that their construction of Kishanganga and Ratle Hydroelectric projects comply with treaty provisions; Pakistan seeks clarification regarding systemic matters requiring legal interpretation.
IWT provides two routes for dispute settlement: the PCA for legal, technical and systemic issues; and a neutral expert to handle strictly technical ones. Pakistan chose the PCA due to systemic questions requiring legal scrutiny; India requested late for technical matters to be addressed by neutral expert; this action was seen by Pakistan as evidence of bad faith on India’s part.
Recognizing the risk of conflicting outcomes from parallel processes, the World Bank temporarily suspended both establishment and appointment of PCA in December 2016, encouraging both nations to negotiate and reach agreement on one forum instead. When neither nation could come to an agreement after six years had elapsed, World Bank lifted suspension and set up PCA along with appointment of neutral expert.
Pakistan was represented before the PCA by an international team of experts assisted by its attorney general’s office and comprising Advocate Zohair Waheed and Advocate Leena Nishter as advocates. Barrister Ahmed Irfan Aslam served as Pakistan’s agent throughout proceedings.
Responding to media inquiries, the Foreign Office spokesperson reiterated Pakistan’s dedication to the Indus Water Treaty by noting its government had received the Award of Court of Arbitration validating their competence to address disputes over Kishanganga and Ratle Hydroelectric Projects. Furthermore, Pakistan hopes India would honor all provisions regarding water sharing.
The PCA ruling marks a new chapter in Pakistan and India’s longstanding water dispute, providing hope of resolution through negotiations and renewed talks. As both nations strive to manage their waters more effectively, millions remain at stake while millions more depend on it for survival.
