India’s Decision to Suspend the Treaty
India announced the abeyance of the IWT until Pakistan halts support for cross-border terrorism.
The decision came in response to the Pahalgam terror attack on April 22.
The term "abeyance" indicates a temporary suspension, with the possibility of reinstatement if Pakistan takes credible action against terrorism.
Legal and Political Implications
"Abeyance" lacks legal recognition under the IWT or the Vienna Convention on the Law of Treaties (VCLT).
Unilateral suspension of the treaty is not supported by international law, as it goes against the principle of cooperation in international water law.
IWT Article XII specifies that modifications or terminations require mutual ratification, making unilateral suspension legally questionable.
India’s actions were not based on the specific grounds required under the VCLT, such as material breach or impossibility of performance.
Articles VIII and IX of the IWT outline dispute resolution mechanisms, which India argues Pakistan violated by taking the dispute to the Permanent Court of Arbitration, bypassing these provisions.
Strategic Objectives Behind the Suspension
The move serves a political purpose by aligning with public sentiment against terrorism.
It also allows India to push forward with crucial water infrastructure projects like Kishenganga, Baglihar, and Ratle, which faced delays due to Pakistan’s legal interventions.
The suspension gives India the flexibility to withhold critical hydrological data from Pakistan, which could affect its water planning and security.
Potential Ramifications
Domestically, the decision has broad public support, reinforcing India’s strong stance on terrorism.
Globally, the move risks India’s credibility, as unilateral actions could lead to legal challenges at the Permanent Court of Arbitration or the International Court of Justice.
The strategy could harm India’s environmental and ecological goals by rushing infrastructure projects without proper scrutiny, potentially damaging the Indus basin's biodiversity.
Tensions with Pakistan may escalate, and India must carefully navigate this strategy to avoid long-term negative consequences while securing national interests.
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