THE Indus Waters Treaty between India and Pakistan is a landmark agreement signed on Sept 19, 1960. As per the provisions of the relevant articles of the treaty, any notification of termination hasfar-reachingconsequencesforboth the countries.
A termination notice, under the treaty, has a three-year buffer period during which the two sides would be required to settle the issue. The abrupt decision taken by India would ipso facto lead to a cessation of the treaty`s provisions, thereby jeopardising the rights and obligations of the two countries. From a legal perspective, the cancellation of the treaty would invokeArticle 38 of the International Law Commission`s Articles on State Responsibility, potentially entailing international liability for damages caused to the aggrieved party. India would be obligated to make reparations for any harm caused to Pakistan`s economy, environment and people.
The two governments should engage in diplomatic negotiations to resolve outstanding issues and explore alternatives.
The provisions of Article VII of the treaty, which provide for the settlement of differences and disputes through the mechanism of a neutral expert or court of arbitration, could be leveraged to address concerns and find mutually acceptable solutions.
It is imperative that both the countries prioritise diplomacy and dialogue over confrontation and unilateralaction.
