While international law lacks a formal status in ‘AbeYance’, the nearest legal concept is ‘suspension’ under Article 62 (1) of Vienna Convention on the Law of Termis (VCLT). It recognizes changes in situations as a valid but narrow -built ground, which if: (A) change is unpredictable and original if to suspend or eliminate the treaty obligations and (b) fundamentally changes the obligations of a party. Given these conditions, can do India’s action Should the international law be appropriate within the structure?
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radical changes: One of the major points of the dispute is whether Pakistan has supported cross -border terrorism for a fundamental change in conditions. in the matter of A. Rake GMBH & Company vs HoutzolmThe European Court recognized the outbreak of enmity as a fundamental change of justice.
The preamble of IWT admits that satisfactory use of the Indus River system requires continuous cooperation in goodwill and friendship. Similarly, Article VII emphasizes future cooperation and “common interests in optimal development of rivers”.
These provisions indicate good trust as an essential position for the performance of IWT.
Constant work of Pakistan The support of cross -border terrorism has reduced the great foundation of cooperative engagement required to fulfill the objective of IWT. These acts have also changed the political scenario, affecting human rights, peace and security in the region and have made the treaty impossible to maintain on moral grounds. United Nations Secretary -General’s opinion Study on legal validity of undertaking to minoritiesWhich accepts the relevance of moral impossibility in the context of treaties, providing an auxiliary example.
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Climate change: At the time of IWT talks, climate change neither joined the political debate of mainstream nor legal scenario. IWT focused on water flow and management of rivers instead of water shares, instead of water sharing In factThis covered dam construction for hydro-power generation, etc., but recent studies have shown that climate change severely affects hydrological circles. According to the US Space Agency NASA, the Indus Basin is the second most water-stool aquifer in the world.
There are implications of IWT failure in adjusting climate change. Climate goals of India include the target of carbon neutrality by 2070; It also envisages acquiring 50% of power generation from non-givash fuel by 2030. The IWT prohibits India’s ambitious dam projects with the Indus River System, affecting its ability to meet its goals. The effects of climate change can constitute a fundamental and unexpected change of conditions under the IWT.
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Legal efforts by the government: Although this is the first time India has announced the IWT prosecution, New Delhi has made constant efforts to revise it. Citing climate change, in 2021, a parliamentary standing committee recommended a re -interaction of IWT. Subsequently, India sent two notifications to amend Islamabad to Article XII (3). New Delhi highlighted a converted demographic profile, agricultural use, reduced groundwater and the need for clean energy irritation as fundamental and unexpected conditions, requiring the re -evaluation of the treaty.
Even more importantly, India also continued to cross terrorism across the border in Jammu and Kashmir to influence the operation of IWT. Pakistan insisted that any discussion should be done through the Permanent Indus Commission (PIC).
Conversely, India feels that there is no mandate to play such a role, an by -product of the treaty. Article X11 (3) allows a modification of IWT only through a new agreement concluded between the two governments.
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Assessment of other treaty practices such as the United Nations Framework Convention on Climate Change indicates that the treaty bodies are assigned with implementation, while the treaty amendment is a political decision.
The final meeting of PIC was held in May 2022, which suggests the breakdown of IWT’s institutional machinery. Therefore, IWT should be viewed by the Government of India’s post-Pahalgam-Hamle’s decision to keep IWT in ‘AbeYance’ from a long-term perspective of New Delhi, which can be abolished all legal measures under the 1960 Treaty.
Climate change has fundamentally changed the availability of water in the Indus basin. Given the refusal of Pakistan to re -interact in front of climate change and its support of terrorism, which has reduced the spirit of cooperation, has made the performance of the treaty impossible, there is sufficient legal basis to call for the changed circumstances of India.
However, India needs to walk carefully, considering the ecological effects of climate change and the region’s interdependence. Furthermore, such risks such as being followed by other state parties, which may unilaterally look for an excuse to end treaties and other international agreements. In addition, there is always a risk of anti -counterparts that can create complications.
The author is a senior associate professor in the Faculty of Legal Studies of South Asian University.