Pakistan on Monday welcomed the award rendered by the Permanent Court of Arbitration on Issues of general interpretation of the Indus Waters Treaty (IWT).
In a statement, the Foreign Office said that the award interpreted the designed criteria for new run-of-river hydropower projects, to be constructed by India on the western rivers of Chenab, Jhelum, and Indus. It notes the court has declared that India shall “let flow” the waters of the western rivers for Pakistan’s unrestricted use.
“In that connection, the specified exceptions for generation of hydro-electric plants must conform strictly to the requirements laid down in the treaty, rather than to what India might consider an ‘ideal’ or ‘best practices’ approach,” it added. “The court’s findings on low-level outlets, gated spillways, intakes for the turbines, and free-board are in line with Pakistan’s interpretation of the relevant provisions of the Treaty. The Award also limits India from maximizing the pondage volume,” it emphasized.
The court has observed that the Awards of a Court of Arbitration are final and binding on the Parties involved, i.e. India and Pakistan. It said the award has a controlling legal effect on subsequent Courts of Arbitration and Neutral Experts. “Recognizing Pakistan’s vulnerability as the downstream riparian, the court has further observed that the object and purpose of the Indus Waters Treaty, as it relates to the Western Rivers, is to de-limit the two states’ respective rights and obligations, in conjunction with mutual cooperation and effective dispute resolutions procedures,” read the statement.
Noting the “special significance” of the award in light of India’s decision to hold the IWT in abeyance and its earlier decision to boycott the proceedings of the Court of Arbitration, the statement said it was an endorsement of Pakistan’s historical stance on these issues.
“Pakistan remains committed to full implementation of the Indus Waters Treaty. It also expects India to immediately resume the normal functioning of the Treaty, and faithfully implement the Award announced by the Court of Arbitration,” it added.
Earlier this year, India unilaterally held the IWT in abeyance after the killing of 26 people in Indian Illegally Occupied Jammu and Kashmir that Delhi blamed on Islamabad without any evidence. The 1960 accord was mediated by the World Bank and carries no provisions allowing for either country to unilaterally suspend or terminate the pact.