The Permanent Court of Arbitration (PCA) in The Hague has rejected India’s objections to its jurisdiction in a dispute between Pakistan and India over the Kishanganga and Ratle hydroelectric projects.
The PCA ruled in favor of Pakistan, stating that it had the authority to determine the Kishanganga dispute. The court’s decision is binding and not subject to appeal.
The dispute revolves around Pakistan’s concerns regarding India’s construction of the Kishanganga hydroelectric project on the River Jhelum and plans for the Ratle hydroelectric project on the Chenab in Indian-held Jammu & Kashmir.
Pakistan initiated legal proceedings in August 2016, requesting the establishment of an ad-hoc Court of Arbitration under the Indus Waters Treaty.
The Indus Waters Treaty provides two options for resolving disputes: the Court of Arbitration, which addresses legal, technical, and systemic issues, or the Neutral Expert, which handles technical matters only.
Pakistan opted for the Court of Arbitration due to systemic questions requiring legal interpretation.
India responded by belatedly requesting the appointment of a neutral expert, which Pakistan viewed as a sign of bad faith.
To avoid conflicting outcomes, the World Bank suspended the dispute resolution processes in 2016 and encouraged the two countries to agree on a single forum.
However, they failed to reach an agreement, and after six years, the World Bank lifted the suspension and established the Court of Arbitration, and appointed a neutral expert.
Despite Pakistan’s engagement with both the Court of Arbitration and the Neutral Expert, India has chosen to boycott the Court of Arbitration.
The court can now proceed without India’s participation. The PCA has not provided details on the case’s continuation but mentioned that it would address the interpretation and application of the Indus Waters Treaty’s provisions related to hydroelectric projects and the legal impact of past dispute resolution decisions.
In response to the PCA’s decision, Pakistan’s Foreign Office stated that it is committed to implementing the Indus Waters Treaty, including its dispute settlement mechanism.
Justice has been done.I appreciate the decision of the court..