Pakistan has welcomed the Supplemental Award issued by the Court of Arbitration in the Indus Waters Treaty dispute, which reinforces Islamabad’s position that India cannot unilaterally suspend the agreement or restrict the court’s authority.
Court Affirms Jurisdiction
The court declared that its jurisdiction remains intact despite India’s claims of placing the treaty in “abeyance.” It emphasized that one party cannot nullify the competence of either the Court or the Neutral Expert, particularly after arbitration proceedings have commenced. The decision, unanimous and binding, rejected all objections raised by India.
No Right to Unilateral Suspension
The Court clarified that the Indus Waters Treaty contains no clause allowing a single party to suspend the treaty on its own. It reaffirmed that the arbitration process must continue unless both Pakistan and India jointly agree to suspend it. The ruling further stated that unilateral actions by any party cannot obstruct the ongoing legal proceedings.
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Pakistan’s Diplomatic Response
Pakistan expressed satisfaction with the Court’s commitment to proceed with fairness and efficiency. It reiterated the importance of returning to meaningful dialogue. Prime Minister Shehbaz Sharif, on June 24, publicly called for engagement with India on key issues, including Kashmir, water disputes, trade, and terrorism.
Background of the Dispute
Pakistan initiated arbitration in 2016, challenging India’s construction of dams on western rivers in violation of the treaty. India later asked the Court to halt proceedings, citing a unilateral suspension of the agreement. The court rejected this request, stating it would continue its responsibilities as outlined in the treaty.
Tribunal to Continue Work
The Court of Arbitration confirmed that it would not halt its work due to India’s position. It will now move forward with the next phase of hearings, expected to address the merits of Pakistan’s claims, following the July 2024 session at the Peace Palace in The Hague.
This ruling strengthens the treaty’s dispute resolution framework and underscores the need for mutual respect of international agreements.
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