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.