Hague court inept to hear IWT dispute with Pakistan: India

Tribune News Service

New Delhi, July 7

India has said it would not abide by a ruling from the Court of Arbitration (CoA) at the Hague in Netherlands on a dispute with Pakistan relating to the Indus Waters Treaty (IWT).

The CoA on Thursday ruled that it had the “competence” to consider matters concerning the Kishenganga and Ratle hydroelectric projects in J&K. India has said its “consistent and principled position” that the constitution of the “so-called Court of Arbitration” is in contravention of the provisions of IWT.

Fight over hydro projects

• India is constructing two hydropower projects on Kishenganga and Chenab rivers in J&K. Pakistan has objected to both.
• The Court of Arbitration had on Thursday ruled that it had the competence to consider the matter.

India had requested a neutral expert while Pakistan had requested a CoA. “A neutral expert is already seized of differences pertaining to Kishenganga and Ratle projects. Neutral expert proceedings are the only treaty-consistent proceedings at this juncture. The treaty does not provide for parallel proceedings on same set of issues,” said an MEA statement.

India had not participated in the proceedings at the CoA. The World Bank had appointed Sean Murphy as chairman of the CoA on October 17, 2022, after Pakistan sought such a court to consider its concerns about the designs of Kishenganga and Ratle hydroelectric power projects.

Michel Lino was appointed the neutral expert by the World Bank on October 17 after India made the request. India participated in the last meeting that took place on February 27 and 28. The next meeting of the neutral expert process is scheduled to be held in September.

Opposing the constitution of the CoA, India said it contravened the provisions of the IWT. As a result, India has not exercised its right under the treaty to appoint two arbitrators to the CoA. India is constructing two hydropower projects on Kishenganga and Chenab rivers in J&K. Pakistan has objected to both.

About The Author

Tribune News Service

The Tribune News Service brings you the latest news, analysis and insights from the region, India and around the world. Follow the Tribune News Service for a wide-ranging coverage of events as they unfold, with perspective and clarity.

#Pakistan