After the partition of the subcontinent in 1947, water sharing became a pivotal concern between the two newly formed nations—India and Pakistan. This was largely due to the geographical positioning of the rivers, as the headways and the control of water flow were in India, while most of the usage was downstream in Pakistan. Several disputes started arising over water distribution, escalating tensions, inevitably leading to armed conflict.

In a bid to prevent further hostilities, a tentative agreement was signed between the two states in 1948; however, this agreement was fragile and temporary. This eventually led to the formulation of the Indus Waters Treaty (IWT) in 1960.

The Indus Waters Treaty: Framework and Provisions

The Indus Waters Treaty was ratified on September 19, 1960, a deal brokered by the World Bank, which also acted as a guarantor of the agreement. The framework behind the treaty was the concise distribution of the six rivers lying under the Indus River System:

• Eastern rivers (Ravi, Beas, Sutlej): allocated to India for exclusive use.
• Western rivers (Indus, Jhelum, Chenab): allocated to Pakistan, although India is allowed limited non-consumptive use (e.g., for irrigation and hydropower without storage).

The treaty also established a permanent Indus Water Commission that included representatives from both countries. Furthermore, a dispute resolution mechanism was created, including access to neutral experts and an Arbitration court. The ideology behind the careful creation of the ADR mechanism denoted the willingness of the two states to mutually agree to a peaceful solution in case of disagreements.

International Law and the Principle of Treaty Obligation

The principle of pacta sunt servanda, — Latin for “agreements must be kept,” is a fundamental principle of international law and forms the foundation of treaty law. Since there are no legal implications for states to oblige international law, it follows that once signed, treaties must be honoured in good faith. Without adherence to this principle, the entire framework of the international treaty law would collapse, rendering agreements meaningless, leading to international disputes, undermining trust between states, and dire diplomatic consequences.

The principle is indoctrinated in the Vienna Convention on the Law of........

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