The Permanent Court of Arbitration (PCA) has recently highlighted the existence of an illegally-constituted “Court of Arbitration” that claimed to have the authority to address concerns related to India’s Kishenganga and Ratle hydroelectric projects. However, India firmly maintains that the formation of this so-called court contradicts the provisions of the Indus Waters Treaty.
India’s position on this matter has consistently been grounded in principles and adherence to the Indus Waters Treaty. The country firmly believes that the constitution of the unauthorized Court of Arbitration violates the established norms of the treaty.
According to an official statement issued by the Ministry of external Affairs on Thursday, India points out that the only appropriate avenue for addressing the differences concerning the Kishenganga and Ratle projects is through the involvement of a Neutral Expert, as outlined in the treaty.
Significantly, the Neutral Expert proceedings are currently underway and represent the only proceedings in compliance with the Indus Waters Treaty. India has actively participated in these Treaty-consistent proceedings. The most recent meeting of the Neutral Expert took place in The Hague on 27-28 February 2023, and the next meeting is scheduled for September 2023.
India emphasizes that the Indus Waters Treaty does not provide for parallel proceedings on the same issues. Therefore, it cannot be compelled to recognize or participate in any illegal or parallel proceedings that are not envisioned by the treaty. By refusing to participate in the unauthorized Court of Arbitration, India upholds its commitment to the established legal framework of the Indus Waters Treaty.
In addition, the Government of India has been engaged in discussions with the Government of Pakistan to explore the possibility of modifying the Indus Waters Treaty under Article XII (3) of the treaty. This recent development serves as a reminder of the urgency and importance of such modifications. India believes that the treaty should be updated to address contemporary challenges and ensure a fair and equitable distribution of water resources.
India’s position on the illegally-constituted Court of Arbitration and its continued participation in the Neutral Expert proceedings demonstrates its commitment to upholding the integrity of the Indus Waters Treaty. The country asserts that any legitimate modifications to the treaty should be pursued through the proper channels and with the agreement of both parties involved. By respecting the established mechanisms and engaging in constructive dialogue, India aims to ensure a sustainable and mutually beneficial management of the Indus River waters.