India-Pakistan Indus Treaty

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India seeks modifications to the Indus Waters Treaty (IWT) to address evolving water needs, environmental concerns, and cross-border issues.

On August 30, 2024, India invoked Article XII (3) of the IWT, aiming to review and modify the treaty in response to rising domestic water demands, demographic shifts, and emission reduction targets. India also highlighted that cross-border terrorism in Jammu and Kashmir disrupts smooth treaty implementation. The treaty’s provisions allow for revisions if mutually agreed upon by both nations.

India and Pakistan have differing interpretations of the treaty: India, as the upper riparian, views optimal utilization as paramount, while Pakistan, as the lower riparian, emphasizes uninterrupted water flow. The 2013 Kishenganga arbitration favored India's right to develop hydro projects, though Pakistan argued environmental harm. Challenges include ensuring sustainable water use and minimum flow amid separate management of eastern and western rivers, complicating integrated basin management.

The IWT lacks a “no harm” clause, relying instead on customary law to avoid significant harm. Environmental Impact Assessments (EIAs) for projects with transboundary effects were recommended by the International Court of Justice (ICJ) in 2010. Article VII.1.c of the treaty encourages joint engineering projects for effective resource management, allowing India and Pakistan to address climate threats together. A renegotiation strategy could involve formal agreements and cooperation to address these emerging concerns.