"Indus Waters Treaty: Arbitration Court Upholds Jurisdiction Amidst India-Pakistan Tensions"

In a landmark ruling that underscores the intricate dynamics of South Asian geopolitics, the Permanent Court of Arbitration (PCA) has asserted its jurisdiction over Pakistan's grievances against India concerning the Indus Waters Treaty (IWT). This decision, rendered on a pivotal Friday in The Hague, challenges India's unilateral move to hold the treaty in abeyance—a move that followed a contentious attack in Indian-administered Kashmir, which New Delhi attributed to Islamabad, a claim vehemently denied by Pakistan.

The PCA's supplemental award reaffirms its competence, emphasizing that once arbitration proceedings are duly initiated, as they were in this case, there exists a 'strong presumption against the incidental loss of jurisdiction' due to subsequent actions such as appointing a neutral expert. This pronouncement directly counters India's stance, highlighting that the 1960 World Bank-mediated treaty, which is vital for irrigating a significant portion of Pakistani farmland, cannot be unilaterally suspended by either party.

The court's procedural order, issued on May 16, called for written submissions from both nations to assess the impact of recent developments on the ongoing arbitration. While Pakistan complied, India abstained from filing any submissions, yet the court considered New Delhi's position. The PCA clarified that the current proceedings focus on interpreting and applying the treaty's provisions regarding hydro-electric project design and operation, as well as evaluating the legal ramifications of past dispute resolutions under the treaty.

The IWT delineates rights over the Indus basin's rivers, granting Pakistan access to the western rivers—Indus, Jhelum, and Chenab—for essential uses such as irrigation and drinking, while India controls the eastern rivers—Ravi, Beas, and Sutlej—without significantly altering their flow. India is permitted limited use of the western rivers for power generation and irrigation, provided it does not store or divert large volumes.

On June 27, 2025, the PCA's unanimous decision confirmed its jurisdiction over the disputes Pakistan presented, following the initiation of arbitral proceedings on August 19, 2016. The protracted discord over hydroelectric projects on the shared Indus river has been a longstanding issue, with Pakistan contending that India's hydropower initiatives threaten to diminish the river's flow, crucial for its agriculture.

The PCA's recent findings pivot on the implications of India's decision to hold the treaty in 'abeyance'. As per Paragraph 16 of Annexure G to the treaty, the court alone possesses the authority to resolve questions pertaining to its competence, underscoring the PCA's autonomy in this matter.

The attempt to hold the water agreement in abeyance was part of a broader series of retaliatory diplomatic maneuvers following the April 22 attack in Kashmir. Pakistan's government has lauded the PCA's supplemental award, viewing it as a validation of its stance. In a statement shared on social media, Islamabad expressed its readiness for 'meaningful dialogue' with India on unresolved issues, including the application of the IWT, Jammu and Kashmir, trade, and terrorism.

Prime Minister Shehbaz Sharif's recent remarks underscore Pakistan's willingness to engage constructively with India, seeking a path forward amidst the complex tapestry of bilateral relations. The PCA's decision not only reinforces the treaty's sanctity but also sets a precedent for international arbitration's role in resolving transboundary water disputes, a critical issue in a region where water security is paramount.