"I realise that some of my criticisms may be mistaken; but to refuse to criticize judgements for fear of being mistaken is to abandon criticism altogether... If any of my criticisms are found to be correct, the cause is served; and if any are found to be incorrect the very process of finding out my mistakes must lead to the discovery of the right reasons, or better reasons than I have been able to give, and the cause is served just as well."

-Mr. HM Seervai, Preface to the 1st ed., Constitutional Law of India.

Wednesday, June 16, 2010

Indus Water Treaty Dispute: Further Developments

On 27th May 2010, we had dealt with the arbitration between Pakistan and India in relation to the Indus Water Treaty, 1960.We had stated that Pakistan had invoked arbitration under the said Treaty alleging that India's plan to build the Kishanganga Hydroelectricity Project was contrary to the Treaty. We had also stated that Pakistan had appointed Jan Paulsson and Justice Bruno Simma as arbitrators. 

The Hindu has reported that the Indian government, after consulting with lawyers R.K.P. Shankar Dass and Fali Nariman (both the said lawyers were reportedly involved in the Baglihar dam dispute under the same Treaty) has planned to appoint Peter Tomka, a judge of the International Court of Justice, and Lucius Caflisch, an academician as India's arbitrators.

As per the Treaty, each party to the arbitration is to appoint two arbitrators and the four arbitrators so appointed would appoint three arbitrators.  The Hindu states that India is supposed to respond within 30 days from the receipt of the notice by Pakistan invoking arbitration. It seems India has received it on 18th May and has to respond by 17 June.

The news report in the Hindu can be accessed from here.

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