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28th June 2025 (11 Topics)

India on the Court of Arbitration's ruling on J&K dam projects

Context

India rejected the supplemental award by the Court of Arbitration on Kishenganga and Ratle hydroelectric projects, saying that it “never recognised” the Court of Arbitration, which is a “serious breach” of the Indus Waters Treaty, which has been put “at abeyance” after the April 22 terror attack in Pahalgam.

Recent Dispute: Kishenganga and Ratle Hydropower Projects

  • These Projects are located in Jammu and Kashmir, on tributaries of the Jhelum and Chenab rivers (Western rivers).
  • Pakistan raised objections to the design and technical aspects of these projects, alleging violations of the Indus Water treaty provisions.
  • Pakistan approached the World Bank to establish a Court of Arbitration to resolve these technical disputes.
  • India’s position:
    • India’s stance regarding this Court of Arbitration was that it was a “unilateral action” by Pakistan to approach the World Bank.
    • India has never recognised the legitimacy of the Court of Arbitration, calling it an “illegal” body.
    • The MEA reminded that after the Pahalgam terror attack, India has exercised “its rights as a sovereign nation under international law” and placed the Indus Waters Treaty in abeyance.

Indus Waters Treaty (IWT):

  • Signed in 1960 between India and Pakistan, brokered by the World Bank.
  • It allocates waters of the Indus River system:
    • Eastern rivers (Sutlej, Beas, Ravi) to India.
    • Western rivers (Indus, Jhelum, Chenab) to Pakistan.
  • Establishes a mechanism for dispute resolution through bilateral talks, a Permanent Indus Commission, or neutral experts, with the Court of Arbitration as a last resort.
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