Syllabus: GS2/ International Relation
In Context
- India has rejected the latest ruling of the Court of Arbitration (CoA), a five-member arbitral panel set up in 2023 at Pakistan’s request to settle a dispute over the design of India’s Kishenganga and Ratle hydroelectric projects in Jammu & Kashmir.
- India has kept the 1960 Indus Waters Treaty in abeyance as part of India’s punitive measures against Pakistan a day after the Pahalgam terror attack.
What Is the Indus Waters Treaty (IWT)?
- The Indus Waters Treaty was signed on September 19, 1960, after nine years of negotiations between India and Pakistan, brokered by the World Bank, which is also a signatory.
- Under the treaty, Pakistan receives rights over the three western rivers — Indus, Jhelum, and Chenab — while India retains control over the three eastern rivers — Ravi, Beas, and Sutlej.
- The treaty effectively gives Pakistan access to nearly 80% of the waters of the Indus river system, while India retains around 20%, along with limited usage rights on the western rivers for irrigation, power generation, and other non-consumptive purposes.
- The treaty sets out a cooperation and information-exchange mechanism called the Permanent Indus Commission (PIC), which serves as the first tier of dispute resolution.
Dispute Settlement Mechanism Under IWT
The IWT provides a graded three-tier dispute resolution structure:
- Tier 1: Permanent Indus Commission (PIC): Bilateral body of commissioners from both sides. Handles routine “questions.”
- Tier 2: Neutral Expert: Appointed by the World Bank on request of either party. Handles technical “differences.”
- Tier 3: Court of Arbitration (CoA): Invoked for unresolved “disputes” of a legal or treaty-interpretation nature.
Source: TH
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