Hostname: page-component-77c89778f8-cnmwb Total loading time: 0 Render date: 2024-07-16T23:54:04.087Z Has data issue: false hasContentIssue false

Indus Waters Kishenganga Arbitration

Court of Arbitration.  18 February 2013 .

Published online by Cambridge University Press:  01 January 2021

Get access

Abstract

Arbitration — Jurisdiction — Admissibility — Scope of dispute — Indus Waters Treaty, 1960 — Procedure for settlement of disputes by arbitration — Appointment of seven-member Court of Arbitration — Disputes involving technical issues — Whether capable of resolution by arbitration — Whether requiring reference to neutral expert

Environment — Principles of customary international environmental law — Relevance to interpretation and application of treaty on use of river waters — Effect of hydro-electric plant on downstream use of river waters

Rivers — Legal regulation — Indus Waters Treaty, 1960 — Hydro-electric plant — Whether State constructing plant entitled to divert waters from one tributary of river to another — Whether such diversion necessary — Limits on right of diversion — Duty to preserve minimum flow for benefit of downstream use by other State

Treaties — Interpretation — Principles of interpretation — Object and purpose of treaty — Need to interpret provisions of treaty in mutually reinforcing fashion — Relevance of contemporary customary international law to interpretation of 1960 treaty — Environmental law — Application — Duty to apply treaty in good faith

Type
Case Report
Copyright
© Cambridge University Press 2014

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)