LEGAL REFLECTIONS ON THE INDUS WATERS TREATY - LONGSTANDING MODEL, OR IMPERFECT AGREEMENT? CONTEMPORARY CHALLENGES FOR REGIONAL TRANSBOUNDARY WATER COOPERATION

摘要

How does the longstanding agreement between India and Pakistan on the Indus stand up to contemporary challenges? This paper examines the treaty practice on the Indus, analysed through the key legal elements of effective cooperative transboundary water regimes: scope; substantive rules; procedural rules; institutional mechanisms; and dispute settlement. The treaty addresses each of these areas and has withstood two water-related disputes under the agreement related to hydropower developments by India - the Baglihar and Kishenganga projects. Despite ongoing issues between India and Pakistan on a range of issues, including the recent conflicts over Kashmir, the Indus Water Treaty appears resilient to changing circumstances.