The Indus Waters Arbitration (Pakistan V India)

The book "The Indus Waters Arbitration (Pakistan v. India)" by Lise Bosman, Cour Permanente d'Arbitrage, Heather Clark, Permanent Court of Arbitration, and Wolters Kluwer Law & Business (Firm) is not a single authored book but rather a collection of insights and analyses related to the Indus Waters Treaty (IWT) and its arbitration proceedings. Here is a comprehensive overview based on available sources:

Key Themes

1. Indus Waters Treaty (IWT): The book delves into the intricacies of the IWT, which was negotiated by India and Pakistan with the World Bank's mediation. The treaty allocates the six main rivers of the Indus Basin into Eastern and Western rivers, with specific rights for each country.
2. Arbitration Proceedings: The book focuses on the arbitration proceedings related to the Kishenganga Hydroelectric Project, which was a significant dispute between India and Pakistan. The case was adjudicated by the Permanent Court of Arbitration (PCA) in 2013.
3. Dispute Settlement Mechanism: It explores the dispute settlement mechanism under the IWT, which includes deliberation by Indus Commissioners and the role of a Neutral Expert in determining whether a matter is a technical "difference" or a "dispute" to be referred to arbitration.

Plot Summary

The book provides a detailed analysis of the arbitration process involving Pakistan and India over the Kishenganga Hydroelectric Project. Key points include:

• India's Objections: India objected to Pakistan's unilateral application to the PCA for arbitration, arguing that the IWT required an initial determination by a Neutral Expert before proceeding to arbitration. India also claimed that the subject matter of the dispute was consigned to a Neutral Expert according to the list in Annexure F.
• PCA Ruling: The PCA Tribunal ruled that India could build the dam as designed but determined a fixed quantity of water that had to be released to the river to ensure that the quantity of water for Pakistan was not reduced.
• Implementation and Provisions: The book examines the provisions of the treaty and its implementation since its inception, highlighting the technical nature of the agreement and its safeguards for both parties.

Critical Reception

While there is no specific critical reception of the book "The Indus Waters Arbitration (Pakistan v. India)" as a single entity, the insights and analyses provided by the contributors are well-regarded in the field of international water law and arbitration. The book is seen as a valuable resource for understanding the complexities of the IWT and its arbitration mechanisms.

Additional Context

The book likely draws from various sources, including the Kishenganga Arbitration Award, which was a significant judicial decision in the context of the IWT. The award addressed the design of the Kishenganga Hydroelectric Project and the implications of its construction on water flows to Pakistan.

In summary, "The Indus Waters Arbitration (Pakistan v. India)" is a comprehensive collection of insights and analyses on the arbitration proceedings related to the Indus Waters Treaty, focusing on the Kishenganga Hydroelectric Project dispute and the broader implications of the treaty's provisions and dispute settlement mechanisms.