"Calls grow to revise Indus Waters Treaty on climate and equity grounds"
Equitable and Reasonable Utilisation (ERU)
the international water law principle requiring all relevant circumstances — including climate, ecology, and development needs — to be weighed in allocating shared river waters.
Rebus sic stantibus
a doctrine in international law permitting a state to withdraw from or suspend a treaty when there has been a fundamental change in the circumstances that existed at the time of the treaty's conclusion.
The Indus Waters Treaty (IWT), signed on 19 September 1960 and brokered by the World Bank, divides the six rivers of the Indus basin between India and Pakistan. The eastern rivers, Ravi, Beas, and Sutlej, were allocated almost exclusively to India. The western rivers, Indus, Jhelum, and Chenab, were allocated predominantly to Pakistan. Under this arrangement, Pakistan received rights over roughly 80% of the basin's waters (~135 million acre-feet annually), while India retained about 20% (~33 MAF) despite being the upper riparian. India retains limited rights over the western rivers for run-of-river hydropower, domestic use, and non-consumptive purposes.
The treaty's institutional architecture rests on a three-tier dispute resolution framework: the Permanent Indus Commission (PIC) for routine data exchange and technical resolution; a Neutral Expert appointed by the World Bank for unresolved technical disputes; and a Court of Arbitration for intractable legal disputes. The mechanism is sequential. The IWT survived three wars and multiple diplomatic crises, earning a reputation as one of the most durable bilateral water agreements in the world. However, the treaty was designed around hydrological data from the 1950s and does not contain provisions for climate-induced changes in water availability.
The treaty is currently in abeyance following India's decision to suspend it, citing Pakistan's inimical behaviour and the fundamental breakdown of the goodwill premise on which the treaty rests. The doctrine of rebus sic stantibus, permitting treaty withdrawal on a fundamental change of circumstances, has been invoked in this context.
The core critique of the IWT's current framework is that it operates as a partition of water rather than a shared management regime. The principle of Equitable and Reasonable Utilisation (ERU), the governing norm in modern international water law, requires that all relevant circumstances be weighed, including climate variability, ecological needs, and the developmental requirements of both riparians. The IWT, by contrast, allocated fixed volumes based on 1950s data, leaving no mechanism to adjust for changing hydrological realities.
ERU is codified in three key international instruments. The Helsinki Rules, 1966 first articulated the principle for international drainage basins. The UN Watercourses Convention, 1997 elevated ERU to the primary norm of customary international water law. The Berlin Rules, 2004 further refined it to incorporate environmental flows and climate considerations. …
With reference to the Indus river system, of the following four rivers, three of them pour into one of them which joins the Indus direct. Among the following, which one is such river that joins the Indus direct?
Consider the following statements regarding the Indus Waters Treaty (IWT), 1960:
1.The eastern rivers — Ravi, Beas, and Sutlej — were allocated predominantly to Pakistan.
2.India retains rights over the western rivers for run-of-river hydropower and domestic use.
3.The Permanent Indus Commission is the first tier of the IWT's dispute resolution mechanism.
4.The IWT was brokered by the United Nations Environment Programme.
How many of the above statements are correct?
Match the following international water law instruments with their primary contribution:
List I (Instrument) — List II (Primary Contribution)
A.Helsinki Rules, 1966 — 1. First multilateral treaty on non-navigational uses of international watercourses; enshrines ERU and 'no significant harm' rule
B.UN Watercourses Convention, 1997 — 2. First codification of Equitable and Reasonable Utilisation for international drainage basins
C.Berlin Rules, 2004 — 3. Refined ERU to incorporate environmental flows and climate considerations
D.Columbia River Treaty, 1961 — 4. Established downstream benefit-sharing including a lump-sum payment for flood-damage prevention
Consider the following statements regarding international obligations of India and Pakistan relevant to the Indus basin:
1.Both countries are signatories to the Ramsar Convention on Wetlands, 1971, which covers transboundary wetlands such as the Rann of Kutch.
2.The Convention on Biological Diversity, 1992 requires signatories to conserve biodiversity and sustainably use shared wetland ecosystems.
3.Pakistan's National Water Policy of 2018 explicitly recognised climate change as a key stressor on the Indus basin.
4.India's Parliamentary Standing Committee on Water Resources has recommended formal accession to the UN Watercourses Convention, 1997.
Which of the above statements are correct?
With reference to the Columbia River Treaty (1961) between the United States and Canada, which of the following best describes its significance as a model for transboundary water governance?
Assertion (A): The Indus Waters Treaty, 1960 is considered inadequate for addressing climate-induced hydrological changes in the Indus basin.
Reason (R): The treaty was designed around hydrological data from the 1950s and does not contain provisions for adjusting water allocations in response to changing water availability.
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