The Permanent Court of Arbitration (PCA) in The Hague rejected India’s objections regarding a water treaty arbitration initiated by Pakistan, on Monday, reopening a long-stalled procedure related to water usage in the Indus River basin.
Pakistan, in 2016, sought resolution through arbitration proceedings at the PCA, prompting India to request the World Bank’s involvement in appointing a neutral expert as per the terms of the treaty. India, however, boycotted the court proceedings in The Hague and raised doubts about the court’s jurisdiction.
Court Decision
The Court said that carefully considered objections to the competence of the Court raised by India (by way of correspondence to the World Bank).
“In a unanimous decision, which is binding on the Parties and without appeal, the Court rejected each of the objections raised by India and determined that the Court is competent to consider and determine the disputes set forth in Pakistan’s Request for Arbitration,” the court said in a statement.
Pakistan’s response
Pakistan appreciated the ruling, considering it a positive step towards resolving disputes with India. Mumtaz Zahra Baloch, spokesperson for Pakistan’s Foreign Ministry, emphasized the significance of the Indus Waters Treaty (IWT) as a fundamental agreement between the two countries regarding water sharing.
“We hope that India would also implement the treaty in good faith,” she said.
Baloch highlighted that Pakistan remains fully committed to the implementation of the treaty, including its dispute settlement mechanism.
The ruling signifies a substantial development in the protracted water dispute between India and Pakistan. The court’s decision to proceed with the arbitration process paves the way for further discussions and deliberations on the contentious issues surrounding the Indus River and its water resources.
India’s response
In its response, India stated that it will not participate in the proceedings initiated by Pakistan at the Permanent Court of Arbitration (PCA) regarding two hydropower projects in Kashmir.
India argued that Pakistan’s approach to The Hague-based tribunal is illegal since the issues are already being addressed by a neutral expert under the Indus Waters Treaty. India sought the modification of the treaty due to Pakistan’s “intransigence.”
The Indian government has been engaged in discussions with Pakistan for the treaty’s modification. The Indus Waters Treaty, signed in 1960, allocated rivers to each country and permitted certain uses on the rivers allocated to the other.
What is the dispute?
The longstanding dispute between India and Pakistan revolved around hydroelectric projects on the shared Indus River and its tributaries over which Pakistan used to express concerns that India’s planned hydropower dams will significantly reduce the river’s flow, which is crucial for 80% of Pakistan’s irrigated agriculture.
Permanent Court of Arbitration
The Permanent Court of Arbitration (PCA) is an intergovernmental organization established by the 1899 Hague Convention on the Pacific Settlement of International Disputes. Headquartered at the Peace Palace in The Hague, the Netherlands, the PCA facilitates arbitration, conciliation, fact-finding, and other dispute resolution proceedings among various combinations of States, State entities, intergovernmental organizations, and private parties.
