Beyond Court Action: Revisiting the Indus Waters Treaty for Sustainable Water Management

Beyond Court Action: Revisiting the Indus Waters Treaty for Sustainable Water Management

Introduction

Earlier this year, Pakistan initiated arbitration at the Hague-based Permanent Court of Arbitration (PCA) to address issues related to the Indus Waters Treaty (IWT), a 1960 agreement between India and Pakistan that governs the use of the Indus River system. However, there are growing concerns that relying solely on judicial recourse might not be sufficient to address the complex water management challenges faced by both countries. This article proposes revisiting the Indus Waters Treaty, incorporating key principles and fostering a transnational alliance of knowledge-sharing communities to ensure sustainable water use and cooperation.

Background of the Indus Waters Treaty Conflict

The Indus Waters Treaty allocates the control of the eastern and western rivers between India and Pakistan, with India having control over the eastern rivers and Pakistan over the western rivers. Recent disputes over hydroelectric projects on these rivers have led both countries to resort to arbitration and court actions to seek resolution.

Challenges in Ensuring Future Water Supply

While the Indus Waters Treaty provides some predictability, it might not be equipped to address the rapidly growing industrial, energy, and food needs of both nations. Climate change poses a significant challenge, as fixed water allocations do not account for potential changes in water availability due to altered precipitation patterns and runoff.

Reconciling Divergent Approaches through International Water Course Principles

To move forward, India and Pakistan should consider reconciling their divergent approaches to the Indus Waters Treaty. This can be achieved by adopting two cardinal principles of international water courses - Equitable and Reasonable Utilization (ERU) and the No Harm Rule (NHR). These principles, guided by the factors mentioned in Article 6 of the Convention on the Law of the Non-navigational Uses of International Watercourses 1997, should be incorporated to ensure optimal water use and prevent harm to either party.

Revisiting the Indus Waters Treaty Beyond Court Action

The Indus Waters Treaty has historically demonstrated successful cooperation between the two neighboring countries. To foster better collaboration and address modern challenges, revisiting the treaty is imperative. The World Bank, as a signatory to the treaty, could play a pivotal role in creating a transnational alliance of knowledge-sharing communities focused on sustainable water management. This would encourage dialogue, convergence of state policies, and the eventual inclusion of ERU and NHR principles in the treaty.

Conclusion

While court actions are essential in resolving disputes, they might not be enough to address the multifaceted water management challenges between India and Pakistan. By revisiting the Indus Waters Treaty and incorporating key international water course principles, both nations can work towards sustainable water use and cooperative solutions. Moreover, fostering a transnational alliance of knowledge-sharing communities will facilitate dialogue and contribute to the development of holistic water governance strategies, strengthening the future cooperation between the riparian states.

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