Govt mulling resolving IWT row via Indus body
This was stated by Attorney-General for Pakistan Mansoor Usman Awan while speaking to Business Recorder.
The process involves Pakistan approaching the World Bank, the broker of IWT, for constitution of Court of Arbitration (CoA), after Indian government's unilateral decision of putting the IWT in abeyance subsequent to the 23 April 2025 terrorist attack near Pahalgam in Illegal Occupied Held Kashmir citing national security concerns.
IWT: PM hails arbitration court's ruling
'We are preparing our case to seek all legal remedies to stop New Delhi from blatant violation of the Treaty unilaterally which is still inforce as per the international law,' informed sources told Business Recorder.
According to Article 9 of IWT, if a question arises on the applicability of the Treaty between the two signatory countries, and in case both do not agree on a resolution mechanism bilaterally or G2G then the affected party will approach the third party. In this instance, the third party is CoA as a neutral expert is limited to deal only with the design of a project.
The remedy to approach CoA is the role of the World Bank, as no country as an aggrieved party can establish CoA itself and for this purpose agreement of both parties is not necessary.
The sources said, when an aggrieved party approaches the World Bank for establishment of CoA, the Bank has to establish CoA and it is the duty of CoA to take a decision on the application of the aggrieved country as it cannot hold the application on the grounds of reaching a consensus between the parties.
However, in case the World Bank does not forward Pakistan's application for establishment of CoA under influence of some 'powers' and puts it aside, even then it willbe to the benefit of Pakistan as it would have adopted a legal course in accordance with the law and in case of any other step the burden will be on India for not following the legal course.
'Pakistan has decided to adopt legal course. We will go to the Court of Arbitration which will give its verdict as per its mandate,' the sources said, adding that in case the World Bank does not establish CoA, it will be enough for the world powers to understand that whatever legal course was available Pakistan adopted it before taking any adverse action.
If CoA gives its verdict in favour of Pakistan and India does not implement it, then Pakistan has legal justification for considering it an act of war.
When the case is taken to the International Court of Justice (ICJ), both countries have to accept its jurisdiction. However, if the United Nations passes a resolution on the matter, then IJC is bound to hear an application/ petition of a party as an organ of UN like the World Bank.
CoA is established under Indus Waters Treaty whereas IJC can hear any case.
Currently, Pakistan is sharing water related data with India unilaterally which means if a question arises at any international fora if Pakistan has shared all the information with New Delhi, then Pakistan would be in the better position.
Pakistan has also shared information about variation in inflows in Chenab river at Maralla through Ministry of Foreign Affairs but received no response.
CoA recently delivered a supplemental award related to the Indus Waters Treaty (IWT) which was rejected by India, while Pakistan accepted it.
The decision relates to a dispute concerning the construction of hydroelectric power plants on the Western rivers, specifically the Kishanganga (2013) and Ratle (2015) projects. The CoA's supplemental award appears to address outstanding issues or clarifications following its earlier rulings.
In 25 January 2023, India issued a notice to Pakistan conveying its intent to amend the IWT within 90 days to guarantee that disputes would be handled between the two nations without any outside interference.
The notice of negotiation was issued just two days before the COA, established at Pakistan's request under the IWT, was to commence which was boycotted by India. According to the Attorney General of Pakistan's (AGP) office, on April 5, 2023, Pakistan responded to the Indian notice in which it was stated that Pakistan was ready to listen to New Delhi's concerns about the prevalent treaty at the level of the Permanent Commission of Indus Waters (PCIW).
The decision about the parleys on changes to the Treaty will be taken once Pakistan hears India's concerns at the PCIW level. However, under Article XII, the existing Treaty will continue to reign unless the parties to the dispute, Pakistan and India, bilaterally introduce changes to the Pact.
Copyright Business Recorder, 2025
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