The Court of Arbitration has passed a unanimous order on Pakistan’s application for interim measures on the construction of Kishanganga Dam by India in Indian-held Kashmir (IHK) in which the court ruled that India will not proceed with the construction of any permanent works on or above the Kishanganga/Neelum River bed at the Gurez site that may inhibit the restoration of the flow of the river to its natural channel.
The court further ruled that Pakistan and India will arrange for periodic joint inspections of the dam site at Gurez to monitor the implementation of the court’s order. According to a press release issued by President’s spokesman Farhatullah Babar on Saturday, Pakistan had submitted an application for interim measures to the Court of Arbitration. In its application, Pakistan had sought halt to the work order as well as an order that any steps India had taken or might take in respect of the Kishanganga Hydro Electric Project (KHEP) were taken at its own risk without prejudice to the possibility that the court might order that the works might not be continued, modified or dismantled.
Pakistan had further sought by the court that India be ordered to inform the court and Pakistan of any imminent and actual developments on the Kishanganga Dam that may adversely affect the restoring of the status quo ante or that may jeopardise Pakistan’s rights and interests under the treaty. In January and again in March, Pakistan had required India to provide an undertaking that in so far as it was proceeding with the construction of the KHEP it would be doing so at its own risk, in accordance with established principles of international law.
India had refused to provide any such undertaking and thus adherence to this principle was a relief sought by Pakistan in its interim measures application. During the recent hearing on the interim measures India agreed to the ‘proceed at own risk’ principle which has been noted by the court in its order. India, on the construction of the tunnel and power house, may proceed at its own risk without prejudice to the possibility that the court may in its final decision order that the works may not be continued, be modified or dismantled.
In addition the court stated that it will remain actively seized of the matter. The team of legal experts from Pakistan and abroad that have successfully presented Pakistan’s case continue to work hard on this highly important matter and are optimistic that the Court of Arbitration will deliver a favourable decision on the merits of the case.
It is a pity that Pakistan media has chosen to indulge in propaganda on water issues. This propaganda will ultimately recoil on Pakistan itslef. Pakistan is always dying to engage India into some sort of dispute and thats what it is doing right now. Given the hostlity Pakistan has for India, India must come out of this unequal treaty with its foolishly arrogant neigbhour as this treaty is unfairly being used to install progress in India, interference in India's internal affairs and an unnecessary quarrel. Pakistan is also using it as a diversionary tactics. India is a net looser. Let Pakistan go to UN and get what is due to it under internaltional law as lower riparian state. They can never tell India not to contruct dams.
Mahesh, we know what you do with Bangladesh every year when you flood them inundating all ethics with it .This treaty and this decision is what you deserve.
If you try to flood us , you know very well the consequences.
What about unfair decision of british and USA to hand over Khashmir to India unjustly ,then where India would have stands.Perhaps everybody is watching rightings on wall with Chaina on rise.
@ Mahesh: Calling it a propoganda war? Pakistan has won its case in the International Court of Arbitration based on the ground realities of the subject matter, evaluated by neutral experts. India should accept its failure in planning where to build dams without breaking a treaty signed and accepted by the two countries.
Arrogance is when you undermine Pakistan in getting its due share of water while India building dams wherever it wishes.
What India needs is a big bashing. Then they will come to their senses. They should get out of Kashmir or else…
India is the only major country of the world facing a fiercest insurgency of such a scale that nearly half of the country has plunged into instability imperiling the security of the remaining half. As a matter of fact, destabilized India poses grave risks to the peace and security of not only the region, the world at large will be exposed to destabilization. The sheer size of the country, its nuclear arsenal and its uncontrolled ambition to reign in the world makes it even a bigger monster than Al Qaeda and other such entities. In the interest of global peace, it is essential to break India into smaller states to thwart the risk of global anarchy and regional wars. The long-standing demand of Jammu and Kashmir for independence, already accepted by the world community should be translated into reality. The states of the Red Corridor may be given autonomy and the Seven Sisters should be accepted as ethnic and cultural entity for statehood. If India gets rid of these warring states, it can progress as a vibrant country, it neighbors will have a measure of safety and security and the world at large will be immune to any disorder which is staring it in the face at the moment. Read more at: http://pksecurity.blogspot.com/2011/09/global-pea…
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