India’s Non-Compliance Undermines International Accords: A Legal and Diplomatic Win for Pakistan Under the Indus Waters Treaty

Rimsha Nawaz

Publishing date: 12 November 2025

India’s increasing reluctance to honour multilateral commitments and persistent non-compliance with international accords has drawn global attention. Its approach toward the Indus Waters Treaty (IWT) reflects a troubling disregard for established international norms and obligations.

Pakistan’s consistent adherence to the Treaty’s dispute-resolution mechanisms, coupled with India’s withdrawal from the ongoing Court of Arbitration proceedings, has brought into focus two contrasting attitudes : one of legal compliance and good faith, the other of obstruction and selective engagement.

Genesis of the Problem

The present dispute arose in 2016 from India’s unilateral construction of hydroelectric projects on the western rivers: Jhelum and Chenab. Pakistan viewed projects like Kishanganga and Ratle as clear violations of the Treaty’s design restrictions and flow safeguards, while India dismissed these objections and continued with the construction work.

Same year, Pakistan invoked a Court of Arbitration to resolve the dispute legally, India countered by demanding a Neutral Expert, framing the issues as merely technical. The World Bank, faced with conflicting requests, initially paused, eventually allowed both processes to proceed in 2022 .

After the World Bank, allowed the simultaneous functioning of the Court of Arbitration and the Neutral Expert, India boycotted the arbitration process entirely. Whereas, Pakistan embraced this as a lawful path to justice.

The Court of Arbitration’s Clarifications: A Turning Point

The Court of Arbitration’s recent _“Award on Issues of General Interpretation of the IWT,”, issued on 8 August 2025, marks a historic moment. The Court rejected India’s objections to its jurisdiction and affirmed its authority to proceed even while the Neutral Expert process continues. This ruling clarified key aspects of the Treaty including the validity of parallel proceedings and the overall framework for dispute resolution.

By reaffirming its jurisdiction, the Court effectively upheld Pakistan’s interpretation of the Treaty and reinforced the principle that no party can evade its legal commitments by simply refusing to participate.

Although the Neutral Expert, constituted at India’s own request, has scheduled its next phase of proceedings in Vienna from 17 to 21 November 2025, India has now suspended its participation, citing overlap with the Court of Arbitration process. In response, the Neutral Expert has made it clear that India’s absence will not impede or halt the proceedings, ensuring the process continues in accordance with the IWT .

A Win for Pakistan and for International Rule of Law

The Court’s findings amount to a significant diplomatic and legal victory for Pakistan . It validates Pakistan’s long-standing position that the IWT must be governed by transparent legal processes, not by unilateral assertion. Moreover, the Neutral Expert’s subsequent clarification – that India’s absence cannot prevent proceedings from continuing further reinforces Pakistan’s case and underscores the integrity of international adjudicative systems.

This outcome sends a powerful message: non-participation does not confer immunity from international law. India’s attempt to delegitimize the arbitration process has not succeeded ; instead, it has strengthened Pakistan’s reputation as a responsible treaty partner acting within the framework of global legal norms.

Implications for Regional Stability

Water cooperation between India and Pakistan has long been a stabilizing element in a volatile region. India’s refusal to engage constructively in treaty-based mechanisms risks undermining this balance and eroding confidence in international agreements.

By contrast, Pakistan’s steady reliance on diplomacy and law provides a constructive model for resolving complex environmental and transboundary issues. The continuation of both the CoA and Neutral Expert proceedings ensures that the Treaty remains a living instrument capable of adapting to contemporary challenges while preserving its original purpose of equitable water sharing.

Conclusion

The Court of Arbitration’s August 2025 Award and subsequent clarifications mark a decisive reaffirmation of the rule of law. This represents not just a legal triumph for Pakistan, but also a diplomatic endorsement of its principled stance.