"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.

Tuesday, February 19, 2013

India Wins the Kishenganga Arbitration

In our previous post, we had informed that the Award in the Kishenganga arbitration between India and Pakistan was to be passed on 18 February. It appears that the said award has been passed by the Court of Arbitration in the presence of the ambassadors of India and Pakistan- Bhaswati Mukherjee and Fauzia Mazhar Sana respectively at The Hague.News reports suggest that India has won the Kishenganga arbitration although the details of the award are yet to be known. Access the news reports from here, here and here.

The major points of the Award appear to be the following:
  • Construction of the Kishenganga Hydroelectric Project (KHEP) does not violate the Indus Water Treaty 1960
  • Adoption of draw-down flushing technique (see here for an explanation of this technique) for sediment management in the KHEP will violate the Indus Water Treaty
More on the Award as and when we get to know further details. Previous posts on the arbitration can be accessed from this label.

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