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Indus Waters Treaty

1. Background of the Indus Waters Treaty (IWT)

• Signed in 1960 between India and Pakistan with World Bank mediation.
• Allocated:
o Eastern Rivers (Ravi, Beas, Sutlej) to India.
o Western Rivers (Indus, Jhelum, Chenab) to Pakistan.
• India allowed non-consumptive use on Western rivers (e.g., hydroelectricity,
navigation).
• Treaty aims to prevent conflict by river-wise distribution.

2. Classification under International Law

• IWT is a bilateral treaty governed by international law.

• VCLT Article 2(1)(a) defines treaty.
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• Article 26 (Pacta Sunt Servanda): Treaty must be honored in good faith.

• IWT has survived wars, showing binding nature of treaties.

3. Comparison with Modern Water Law

• IWT: Fixed allocation, no environmental or groundwater clauses.

• Modern law (e.g., UN Watercourses Convention) promotes:
o Equitable use,
o No harm,
o Cooperation,
o Environmental protection.
• IWT is rigid and outdated by modern standards.

4. Dispute Resolution Mechanism

• 3-tier mechanism:
1. Indus Commission – for routine coordination.
2. Neutral Expert – for technical issues (e.g., Baglihar Dam).
3. Court of Arbitration – for legal disputes (e.g., Kishanganga case).
• Reflects peaceful settlement under UN Charter Article 33.

5. Role of the World Bank

• Acts as guarantor and facilitator.

• Helps in appointing neutral experts/arbitrators.
• Uncommon example of an international financial body enforcing a treaty.

6. Contemporary Relevance

• Climate change, glacier melt, and rising demand are straining the treaty.
• India has raised concerns post-terror attacks and objections by Pakistan.
• Unilateral withdrawal is legally risky under Article 60 of VCLT.

7. Can India Unilaterally Suspend IWT?

• Under VCLT, only if:

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o Material Breach (Art. 60) → Pakistan must have seriously violated treaty
(not proven).
o Fundamental Change (Art. 62) → Must radically alter treaty obligations
(terrorism argued, but legally weak).
• World Bank's involvement limits India’s unilateral scope.
• International legal position: Unilateral suspension is not valid without proper legal
grounds.

TREATY MAKING IN INTERNATIONAL LAW

✅ What is a Treaty?

A treaty is a formal agreement between States or international organizations, governed

by international law. It is binding and creates enforceable legal obligations.

Source:

• Article 2(1)(a), Vienna Convention on the Law of Treaties, 1969 (VCLT):

"‘Treaty’ means an international agreement concluded between States in written form and
governed by international law... regardless of its particular designation."

Types of Treaties

1. Bilateral Treaties – between two states (e.g., Indus Waters Treaty).

2. Multilateral Treaties – between three or more states (e.g., UN Charter, Geneva

Conventions).

3. Plurilateral Treaties – limited multilateral treaties, requiring unanimous consent

(e.g., Arms Control Agreements).
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Stages of Treaty-Making
1. Negotiation

• Representatives of States discuss and agree upon the terms.

• May take place in conferences (e.g., Paris Agreement) or bilaterally.

2. Adoption of the Text

• The text of the treaty is formally adopted.

• Under Article 9 VCLT, adoption occurs by consent of all negotiating states or two-
thirds majority (for multilateral treaties).

3. Authentication

• Treaty is authenticated through signatures or other agreed methods (Article 10

VCLT).

4. Signature

• Indicates intention to be bound in future.

• May result in provisional application.

• A state becomes a signatory but not yet legally bound.

5. Ratification / Acceptance / Approval

• Formal act by which a state consents to be bound by the treaty.

• Involves domestic procedures (e.g., approval by Parliament).

• Article 14 VCLT governs ratification.

6. Accession

• When a state did not sign during the original negotiations but joins later.

• Article 15 VCLT covers accession.

7. Entry into Force

• Treaty becomes legally binding after conditions are met (e.g., number of
ratifications).
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• Governed by Article 24 VCLT.

Binding Nature of Treaties

Article 26 VCLT – Pacta Sunt Servanda

"Every treaty in force is binding upon the parties to it and must be performed by them in
good faith."

Article 27 VCLT – Domestic law ≠ excuse

"A party may not invoke its internal law as justification for its failure to perform a treaty."

Termination, Suspension, and Withdrawal

Termination:

• By consent of parties (Art. 54).

• Breach (Art. 60) – Material breach can justify termination.

• Supervening impossibility (Art. 61) – e.g., destruction of an object.

• Rebus sic stantibus (Art. 62) – Fundamental change of circumstances.

Withdrawal Clause:

• Some treaties allow unilateral withdrawal (e.g., Paris Agreement).

Key Legal Doctrines

Pacta Sunt Servanda – Treaties must be followed in good faith.

Jus Cogens (Art. 53) – No treaty can conflict with peremptory norms of
international law (e.g., prohibition on genocide, slavery).

Rebus Sic Stantibus (Art. 62) – Treaties can be terminated if there’s a fundamental
change in circumstances, though rarely invoked successfully.
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