Water is life, and for countries that share transboundary rivers, it can also be a matter of diplomacy, conflict, and cooperation. One of the most enduring examples of successful water-sharing agreements is the Indus Water Treaty (IWT) signed in 1960 between India and Pakistan, with the World Bankacting as a broker. While the Treaty has often been discussed in political or environmental circles, it also provides rich insights when viewed through the lens of International Law of the Sea and Watercourses.

What Is the Indus Water Treaty?

The Indus River system originates in the Tibetan Plateau and flows through India and Pakistan before draining into the Arabian Sea. The system includes six major rivers:

• Indus
• Jhelum
• Chenab
• Ravi
• Beas
• Sutlej

Under the Indus Waters Treaty, the water from the eastern rivers (Ravi, Beas, Sutlej) was allocated to India, while the western rivers (Indus, Jhelum, Chenab) were reserved for Pakistan, with India allowed limited non-consumptive use. Signed after bitter partition-era disputes, the Treaty is remarkable for its durability—surviving multiple wars and border tensions. It's often held up as a model of international river diplomacy.
 

Historical Context: Why The Treaty Was Needed:

Post-partition in 1947, India and Pakistan inherited a shared river system with no clear legal precedent for how to divide it. Tensions quickly escalated when India, controlling the headworks of the rivers, briefly suspended water supply to Pakistan in 1948. This prompted international concern over the potential for war, eventually leading to World Bank mediation. The result was the Indus Waters Treaty, signed by Jawaharlal Nehru, Ayub Khan, and W.A.B. Iliff (of the World Bank), laying down a robust framework for:

• Water allocation
• Infrastructure development
• Technical collaboration
• Peaceful dispute settlement

Legal Foundations: How Does the Treaty Relate to International Law of the Sea?

Although the Indus Water Treaty concerns a river system, not the open sea, it resonates with several principles enshrined in the International Law of the Sea and international watercourse law.

• 1. Principle Of Equitable And Reasonable Utilization:
  Under customary international law and documents like the UN Convention on the Law of the Non-Navigational Uses of International Watercourses (1997), states must use transboundary water bodies equitably and reasonably.
  
  In the IWT, India and Pakistan agreed on specific allocations that reflect this principle. Though India had geographical control of upstream rivers, the Treaty ensured Pakistan's downstream rights.
   
• 2. Obligation Not to Cause Significant Harm:
  Another principle of water law (also echoed in the Law of the Sea) is that states must avoid causing significant harm to other riparian states.
  The Treaty restricts India from undertaking projects that could reduce the water flow to Pakistan. All constructions like dams, barrages, and hydroelectric projects on western rivers must meet strict guidelines.
   
• 3. Cooperation and Notification:
  International water law stresses cooperation, information exchange, and prior notification for planned measures.
  The IWT established a Permanent Indus Commission (PIC) where both countries share information, inspect works, and resolve disputes through annual meetings. It's a practical expression of these cooperative norms.

Dispute Resolution Under The Treaty:

The Treaty provides a three-tiered dispute resolution mechanism:

• Indus Commission – First point of contact for any concerns.
• Neutral Expert – For technical disputes (e.g., dam height or design).
• Court of Arbitration – For legal or treaty interpretation issues.

This mirrors broader international legal processes under bodies like the International Tribunal for the Law of the Sea (ITLOS) or the Permanent Court of Arbitration (PCA). In recent years, this mechanism has been tested over projects like India's Kishanganga and Ratle dams. Pakistan raised objections, invoking treaty violations, eventually leading to international legal forums being engaged.

Modern Challenges And Climate Change:

Climate change is straining water systems globally. Melting glaciers, unpredictable rainfall, and increasing demand have raised concerns over the sustainability of the Treaty. While the IWT doesn't account for climate impact, international environmental law (a growing subfield overlapping with the Law of the Sea) suggests that treaties must evolve with ecosystem realities. Both countries might eventually need to renegotiate or supplement the Treaty with climate-conscious provisions.

Is The Indus Water Treaty A Model?

In many ways, yes. Despite severe political rivalry, India and Pakistan have upheld the Treaty for over six decades. It reflects key principles of international water law, such as:

• Sovereign equality
• Equitable sharing
• Non-interference
• Peaceful dispute resolution

It also reinforces the idea that resource diplomacy is possible—even between adversaries.

The Way Forward: Reform, Resilience, And Climate Readiness:

With the glaciers feeding the Indus Basin melting, and monsoon patterns becoming erratic, the IWT must evolve to include:

• Climate resilience frameworks
• Real-time monitoring systems
• Provisions for drought and flood management
• Environmental flow standards

Legal experts now argue for the Treaty to be revisited, perhaps through a supplementary protocol, bringing it in line with contemporary norms of international environmental law and adaptive governance.

Final Thoughts: A Legal Instrument For Peace

In the turbulent waters of South Asian geopolitics, the Indus Water Treaty stands out as a rare example of legal cooperation. Despite wars, terrorism, and diplomatic freezes, water has continued to flow, honoring the treaty's terms.For legal scholars, policymakers, and environmentalists, the Treaty is more than just a historical document—it's a living example of how international law, grounded in shared principles and mutual respect, can succeed in delivering peace and sustainability.

Conclusion
Though not directly governed by the UN Convention on the Law of the Sea, the Indus Water Treaty embodies many of its core principles adapted to a freshwater, transboundary river context. As water becomes an increasingly precious geopolitical asset, the IWT stands as a testament to how international legal frameworks can manage natural resources peacefully and equitably.

In the ever-growing body of international water law, the Indus Water Treaty is not just a treaty-it's a legacy.

Reference

• Indus Waters Treaty, 1960
  Available at: https://treaties.un.org
• United Nations Convention on the Law of the Non-Navigational Uses of International Watercourses, 1997
  (UN Watercourses Convention)
  Available at: https://legal.un.org/ilc/texts/instruments/english/conventions/8_3_1997.pdf
• United Nations Convention on the Law of the Sea (UNCLOS), 1982
  Though primarily focused on marine law, its principles influence freshwater transboundary agreements.
  Available at: https://www.un.org/depts/los/convention_agreements/texts/unclos/unclos_e.pdf

Case Law & Arbitration

• Baglihar Dam Dispute – Report of the Neutral Expert (2007)
  Appointed under Article IX of the Indus Waters Treaty
  Summary: https://www.worldbank.org/en/news/feature/2007/02/12/neutral-expert-delivers-report-on-baglihar-dam-dispute
• Kishanganga Arbitration (Pakistan v. India), Permanent Court of Arbitration (2013)
  PCA Case No. 2010-21
  Final Award: https://pcacases.com/web/sendAttach/68
  Partial Award: https://pcacases.com/web/sendAttach/67

Written By: Choining Tshomo - Lovely Professional University
Submitted To: Dr.Jasdeep Kaur