What Is a Treaty?
A treaty is a formal and legally binding agreement between two or more sovereign states or international organizations. Governed by international law, treaties are crucial diplomatic instruments that serve various functions from regulating trade, defining territorial boundaries, and ensuring peace, to managing the environment and controlling arms. Once signed and ratified, treaties hold the same status as domestic law in many legal systems and are binding on the signatories.
The Vienna Convention on the Law of Treaties (1969) sets the legal framework for drafting, interpreting, and terminating treaties. It defines a treaty as “an international agreement concluded between States in written form and governed by international law.” Treaties can be bilateral (between two parties) or multilateral (involving more than two parties), and they become binding upon ratification by the concerned states.
Treaties often include provisions on dispute resolution, enforcement mechanisms, and conditions for termination or withdrawal. They play a pivotal role in maintaining global peace and cooperation, especially in regions with shared natural resources or historical tensions.
The Indus Waters Treaty: Background and Provisions
One of the most significant water-sharing treaties in modern history is the Indus Waters Treaty (IWT), signed in 1960 between India and Pakistan. Brokered by the World Bank, the treaty was designed to equitably distribute the waters of the Indus River system, which is critical for both nations’ agriculture, energy, and livelihoods.
The treaty came into being after the partition of British India in 1947, which left the headwaters of the Indus rivers in India while the river system flowed downstream into Pakistan. Given the agricultural dependence of Pakistan on these rivers, a conflict over water seemed imminent. The IWT was thus introduced to provide a practical solution and maintain peace over shared water resources.
Key Provisions of the Treaty Include:
- Division of Rivers: The Indus system comprises six rivers. The eastern rivers Ravi, Beas, and Sutlej were allocated to India, while the western rivers Indus, Jhelum, and Chenab were assigned to Pakistan.
- Limited Use by India : India is allowed non-consumptive use of the western rivers (e.g., for hydroelectric power, irrigation, and navigation) under strict conditions to ensure minimal disruption of flow to Pakistan
Dispute Resolution Mechanism: The treaty includes a three-tier dispute resolution framework:
- Bilateral negotiations through the Permanent Indus Commission.
- Referring technical disputes to a neutral expert appointed by the World Bank.
- Arbitration by a Court of Arbitration for serious disagreements.
Remarkably, the IWT has survived multiple wars and diplomatic fallouts between India and Pakistan, proving its robustness and importance in conflict prevention.
Suspension of the Indus Waters Treaty: A New Chapter
On April 24, 2025 , India announced the suspension of the Indus Waters Treaty, marking a significant shift in its policy towards Pakistan. The move followed a terrorist attack in Pahalgam, Jammu and Kashmir, that killed 26 civilians, including 25 Indian tourists and one Nepalese national. India attributed the attack to **Pakistan-based militant groups**, intensifying tensions between the two nations. The Indian Ministry of External Affairs declared that the treaty was being suspended until Pakistan “credibly and irreversibly abjures terrorism.” As part of the suspension, India may halt the sharing of critical hydrological data and possibly increase its use of western rivers, which could significantly affect Pakistan’s agriculture-dependent economy.
Conclusion
The Indus Waters Treaty has long stood as a pillar of pragmatic cooperation between two historically adversarial nations. Its suspension underscores the fragile balance between diplomacy and national security in South Asia. While the immediate rationale is tied to national defense and counter-terrorism, the long-term implications extend into areas of food security, environmental health, and international treaty law. Moving forward, diplomatic engagement, confidence-building measures, and third-party mediation will be crucial to prevent a full-scale breakdown of water-sharing cooperation in the region.
Sources:
- https://www.reuters.com/world/asia-pacific/what-is-indus-waters-treaty-between-india-pakistan-2025-04-24/?utm_
- https://indianexpress.com/article/explained/what-indias-suspension-of-the-indus-waters-treaty-means-for-pakistan-and-for-itself-9962032/?utm_
- https://www.theguardian.com/world/2025/apr/24/india-pakistan-summons-kashmir-attack?utm_
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