Source: Indian Express
Context: The Permanent Court of Arbitration (PCA) ruled that the Indus Waters Treaty remains in force and restricted certain works on the Ratle Hydroelectric Project. India rejected the ruling, calling the arbitration illegally constituted and its decision null and void.
What the PCA Is
- An intergovernmental organisation facilitating international arbitration, conciliation and fact-finding
- For disputes between states, state entities, intergovernmental organisations and private parties
Establishment
- Founded in 1899 at the first Hague Peace Conference
- Under the Convention for the Pacific Settlement of International Disputes
- Convened by Czar Nicholas II of Russia
- The convention was revised at the second Hague Peace Conference in 1907
- Headquarters: the Peace Palace, The Hague, Netherlands
- India and Pakistan: both have been Contracting Parties since 1950, adhering to the 1899 and 1907 Hague Conventions
The Indus Waters Treaty
- Signed 1960, brokered by the World Bank.
The allocation:
- Eastern Rivers — Ravi, Beas, Sutlej → India
- Western Rivers — Indus, Jhelum, Chenab → primarily Pakistan
- India permitted limited non-consumptive hydropower use on the Western Rivers
Important Facts for Exams
- PCA — founded 1899, first Hague Peace Conference, under the Convention for the Pacific Settlement of International Disputes; revised 1907
- Headquarters: Peace Palace, The Hague — which it shares with the International Court of Justice
- Not a standing court — it administers ad-hoc tribunals
- India and Pakistan have been Contracting Parties since 1950
- IWT signed 1960, brokered by the World Bank
- Eastern Rivers (Ravi, Beas, Sutlej) to India; Western Rivers (Indus, Jhelum, Chenab) primarily to Pakistan
- Article IX provides the graded dispute mechanism: Permanent Indus Commission → Neutral Expert → Court of Arbitration
- Ratle — 850 MW project on the Chenab; Kishenganga — on a tributary of the Jhelum
- Distinguish the PCA from the ICJ: the ICJ is the principal judicial organ of the UN, with 15 permanent judges, hearing only state-versus-state cases