Qudsia Bano

A growing chorus of legal experts is raising concerns over the breach of international law in relation to the longstanding Indus Waters Treaty (IWT) between Pakistan and India. As geopolitical tensions simmer, questions are being asked about whether recent unilateral actions by India could constitute violations of the treaty’s obligations and international legal norms.

The IWT, brokered by the World Bank in 1960, remains a cornerstone of water-sharing diplomacy between the two nuclear-armed neighbours. However, developments in recent months have triggered legal and diplomatic alarm bells in Islamabad, particularly regarding India’s construction of new hydropower projects on the western rivers allocated to Pakistan under the treaty.

A legal expert from the Securities and Exchange Commission of Pakistan (SECP), who wished to remain anonymous due to the sensitivity of the issue, stated, “There is a genuine concern that India’s unilateral interpretation of certain provisions, particularly related to the Kishanganga and Ratle projects, may not align with the letter and spirit of the treaty. Such actions can be interpreted as undermining a binding international agreement, raising questions under both treaty law and customary international law.”

She further added that while India may argue for development rights under the treaty, the lack of prior mutual consultation and notification with Pakistan in recent projects erodes the principle of equitable use and cooperation, which are integral to international watercourse law. Legal scholars and practitioners also point out the broader implications for regional stability and global water-sharing frameworks.

Dr Farah Amin, a legal researcher and policy adviser, remarked, “The IWT is one of the few successful water-sharing accords in the world. If either party unilaterally alters its course, it not only destabilises bilateral relations but sets a troubling precedent for other riparian disputes globally. Legal mechanisms such as the Permanent Court of Arbitration and the International Court of Justice must remain accessible and impartial in such scenarios.”

Amin also emphasised that the treaty itself contains provisions for dispute resolution, which must be followed with good faith. “It’s not merely a legal issue; it’s about preserving trust, cooperation, and the very principles on which the treaty is founded. Any deviation should be addressed through dialogue and institutional arbitration, not geopolitical leverage.”

While the World Bank has attempted to mediate disputes in the past, its recent hesitance to take a clear position has frustrated observers. Analysts believe this lack of clarity from the mediator risks exacerbating tensions between the two countries and weakening the treaty's enforcement mechanisms.

As legal experts continue to deliberate, the call for diplomatic engagement and judicial oversight grows louder. With water security becoming an increasingly critical issue in South Asia, how both nations navigate the legal terrain of the Indus Waters Treaty will shape not only their bilateral future but also the broader architecture of international water law.

Credit: INP-WealthPk