"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.

Saturday, January 1, 2011

Updates on the Kishanganga Dispute

Today's Indian Express contains a news item about the Kishanganga Arbitration Dispute under the Indus Water Treaty 1960 between India and Pakistan. According to the news report, a team consisting of about ten people led by jurist Fali S. Nariman would work from the Indian side on the dispute. The newsreport also states that Pakistan's prime strategy for now would be to get an interim order to stop the dam construction work in the hearings that would start from this month. If Pakistan gets an interim order, it would, according to the said news item prevent India from taking up work in connection with the project. We'll keep the readers posted on the developments in this case.

It may be noted that Pakistan had, earlier, objected to the construction of the Baghlihar Hydel Project on River Chenab in the State of J & K. A dispute arose between both countries. The Baghlihar dispute was referred to a neutral expert under the aegis of the World Bank and within the framework of the Indus Water Treaty 1960. Professor Raymond Lafitte, from Switzerland, was the neutral expert. India was represented by Fali S. Nariman and Mr. Shankar Das (both are representing India in the Kishanganga dispute too) In the said dispute, the neutral expert decided in India's favour. Logistical support and co-ordination was provided by the International Centre for Settlement of Investment Disputes.The executive summary of the expert determination can be accessed from here.

P.S. Readers may point out if there are exhaustive works (articles/ books) on the Indus Water Treaty 1960 and the disputes under it. A very contemporary area for an LLM/ MPhil dissertation.  

2 comments:

Calicut Heritage Forum said...

Thanks, Badrinath, for the latest on the Kishanganga dispute. Apart from the legalities, there is also the human and cultural angle to the project. As one who has spent years in the two valleys (Gurez and Tilel) I cannot but feel sad that most of Gurez valley will be submerged by the reservoir, displacing about 13000 people. More than the human tragedy, we are destroying the only pocket where Dards (who speak Shina language) exist in India. The culture of this ancient people who find mention in the Mahabharata and Pliny's History need to be preserved. You may visit this site for more information on Gurez http://gurais.wetpaint.com/page/Save+Gurez+Valley

Badrinath Srinivasan said...

Thanks for the info and for letting us know about the cultural impact of the Kishanganga project.