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Protocol to the IWT?

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PAKISTAN treats the Indus Waters Treaty 1960 (IWT) as a fruit of protracted negotiations between India and Pakistan, which took several years of efforts before its finalisation. During the last 65 years of its operation, the IWT has served its purpose well. It includes substantive provisions that clearly fix and regulate the rights and obligations of both India and Pakistan. Since the IWT was a bargain between the two countries, at least for Pakistan, the lower riparian, modifications or changes in the treaty can only be considered if they address its concerns.

However, India had expressed its intent to have the IWT renegotiated before holding it in abeyance. As a matter of fact, Article XII of the IWT itself provides for this eventuality: “The provisions of this treaty may from time to time be modified by a duly ratified treaty concluded for that purpose between the two governments.” And, “The provisions of this treaty or provisions of this treaty as modified … shall continue in force until terminated by a duly ratified treaty concluded for that purpose between the two governments”. India, pursuant to Article XII, sent two notices to Pakistan in January 2023 and in September 2024 inviting Pakistan to begin parleys for the IWT’s modification.

Post-Pahalgam, Pakistan has invited India to open talks on all issues including the operation of the IWT, which was held in abeyance by India in April 2025. If, ultimately, the two countries agree that the treaty is liable to modification, then........

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