Latest news with #CourtofArbitration
Mint
43 minutes ago
- Politics
- Mint
India rejects Hague court's ‘illegal' ruling on J&K hydroelectric projects: 'Charade at Pakistan's behest'
India on Friday firmly rejected a ruling by the Permanent Court of Arbitration (PCA) in The Hague concerning two hydroelectric projects—Kishenganga and Ratle—located in Jammu and Kashmir. In a statement, the Ministry of External Affairs (MEA) dismissed the decision as a 'so-called supplemental award,' stating that India has never accepted the framework under which this arbitration was conducted. The MEA noted that India does not recognise the jurisdiction of the court in this matter, especially regarding dispute resolution mechanisms involving Pakistan under the Indus Waters Treaty. In its ruling, the Court of Arbitration said India's decision in April to keep the Indus Waters Treaty in abeyance 'does not limit' its competence over the dispute and that its ruling is binding on the parties. 'This latest charade at Pakistan's behest is yet another desperate attempt by it to escape accountability for its role as the global epicenter of terrorism,' the MEA said. 'Pakistan's resort to this fabricated arbitration mechanism is consistent with its decades-long pattern of deception and manipulation of international forums,' it said in a statement. India has never recognised the proceedings at the Permanent Court of Arbitration after Pakistan raised objections to certain design elements of the two projects under the provisions of the Indus Waters Treaty. 'Today, the illegal Court of Arbitration, purportedly constituted under the Indus Waters Treaty 1960, albeit in brazen violation of it, has issued what it characterizes as a 'supplemental award' on its competence concerning the Kishenganga and Ratle hydroelectric projects in the Indian Union Territory of Jammu and Kashmir,' the MEA said. 'India has never recognised the existence in law of this so-called Court of Arbitration,' it said. The MEA said India's position has all along been that the constitution of this so-called arbitral body is in itself a serious breach of the Indus Waters Treaty and consequently any proceedings before this forum and any award or decision taken by it are also illegal for that reason. A day after the April 22 Pahalgam terror attack, India took a series of punitive measures against Pakistan that included putting the Indus Waters Treaty of 1960 in 'abeyance'. 'Following the Pahalgam terrorist attack, India has in exercise of its rights as a sovereign nation under international law, placed the Indus Waters Treaty in abeyance, until Pakistan credibly and irrevocably abjures its support for cross-border terrorism,' the MEA said. 'Until such time that the treaty is in abeyance, India is no longer bound to perform any of its obligations under the treaty,' it said. 'No court of arbitration, much less this illegally constituted arbitral body which has no existence in the eye of law, has the jurisdiction to examine the legality of India's actions in exercise of its rights as a sovereign,' it added. This latest charade at Pakistan's behest is yet another desperate attempt by it to escape accountability for its role as the global epicenter of terrorism. India has never recognized the existence in law of this so-called Court of Arbitration. India, therefore, categorically rejects this so-called supplemental award as it has rejected all prior pronouncements of this body, it said.
Hindustan Times
2 hours ago
- Politics
- Hindustan Times
India rejects Hague court's ruling on plea filed by Pak
India on Friday rejected a ruling by the Permanent Court of Arbitration in The Hague that it can continue hearing a case related to Pakistan's objections to Kishenganga and Ratle hydropower projects despite New Delhi's decision to suspend the Indus Waters Treaty, and said it has never recognised this court. India rejects Hague court's ruling on plea filed by Pak The Indian side has never participated in the proceedings at the Permanent Court of Arbitration since Pakistan raised objections to certain design elements of the 330-MW Kishanganga and 850-MW Ratle hydropower projects in 2016 under the provisions of the Indus Waters Treaty. On Friday, the Court of Arbitration considered the impact of the Indian government's decision of April 23 to keep the Indus Waters Treaty in abeyance on its competence to take up the case lodged by Pakistan. In a unanimous decision, the court ruled that India's decision 'does not limit' its competence over the dispute and that the ruling 'is binding on the Parties and without appeal'. The external affairs ministry categorically rejected the 'so-called supplemental award' of the Court of Arbitration, just as it 'rejected all prior pronouncements of this body'. The ministry said in a statement that the Court of Arbitration is illegal and was 'purportedly constituted under the Indus Waters Treaty…albeit in brazen violation of it'. A day after the Pahalgam terror attack on April 22 that killed 26 civilians, India unveiled a slew of punitive diplomatic and economic measures against Pakistan, including the suspension of the Indus Waters Treaty of 1960. At the time, foreign secretary Vikram Misri declared the treaty 'will be held in abeyance with immediate effect, until Pakistan credibly and irrevocably abjures its support for cross-border terrorism'. Prior to suspending the treaty, the Indian side always contended that there is a graded mechanism under the pact for addressing disputes, and that two different approaches can't be simultaneously initiated to tackle differences. While Pakistan sought the appointment of a neutral expert to handle its objections to the Kishenganga and Ratle projects in 2015, it unilaterally retracted this in 2016 and sought a Court of Arbitration. In 2016, the World Bank appointed both a neutral expert and the Court of Arbitration, which wasn't recognised by India. India has attended meetings convened by the neutral expert but stayed away from proceedings of the Court of Arbitration. India has 'never recognised the existence in law of this so-called Court of Arbitration, and India's position has all along been that the constitution of this so-called arbitral body is in itself a serious breach of the Indus Waters Treaty', the external affairs ministry said. Any proceedings in this and 'any award or decision taken by it are also for that reason illegal and per se void', the ministry said. The ministry reiterated the reasons for suspending the Indus Waters Treaty after the Pahalgam attack. India exercised its rights as a sovereign nation under international law and placed the treaty in abeyance until Pakistan 'abjures its support for cross-border terrorism'. 'Until such time that the Treaty is in abeyance, India is no longer bound to perform any of its obligations under the Treaty,' the ministry said. 'No Court of Arbitration, much less this illegally constituted arbitral body which has no existence in the eye of law, has the jurisdiction to examine the legality of India's actions in exercise of its rights as a sovereign.' The external affairs ministry described the Court of Arbitration's ruling as the 'latest charade at Pakistan's behest', and said this was 'yet another desperate attempt by [Pakistan] to escape accountability for its role as the global epicenter of terrorism'. 'Pakistan's resort to this fabricated arbitration mechanism is consistent with its decades-long pattern of deception and manipulation of international forums,' the ministry said. The Indus Waters Treaty, which was brokered by the World Bank, allocated the western rivers – Indus, Jhelum, Chenab – to Pakistan, and the eastern rivers – Ravi, Beas and Sutlej – to India. It allowed each country certain uses on the rivers allocated to the other. The Kishenganga and Ratle projects are run-of-river hydroelectric projects that India is permitted by the treaty to build on tributaries of the Indus, Jhelum and Chenab before the rivers flow into Pakistan. India had also rejected the Court of Arbitration's earlier ruling of July 2023 regarding its competence to hear the dispute over the two hydropower projects. Following India's suspension of the Indus Waters Treaty, Pakistan's leadership said any diversion of waters allocated to it by the pact would be seen as an 'act of war'. Pakistani ministers also said they planned to challenge India's action at the Permanent Court of Arbitration or the International Court of Justice.
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First Post
2 hours ago
- Politics
- First Post
India calls Court of Arbitration on Indus Waters Treaty 'illegal', rejects its ruling on J&K dam projects
The MEA said India's position has all along been that the constitution of this so-called arbitral body is in itself a serious breach of the Indus Waters Treaty and consequently any proceedings before this forum and any award or decision taken by it are also illegal for that reason read more India on Friday strongly rejected a ruling by the Permanent Court of Arbitration in The Hague over two hydroelectric projects in Jammu and Kashmir, saying it has never recognised the so-called framework for dispute resolution with Pakistan. India rejects this so-called 'supplemental award', the Ministry of External Affairs (MEA) said, referring to the ruling in the case related to Pakistan's objections to Kishenganga and Ratle hydropower projects. In its ruling, the Court of Arbitration said India's decision in April to keep the Indus Waters Treaty in abeyance 'does not limit' its competence over the dispute and that its ruling is binding on the parties. STORY CONTINUES BELOW THIS AD 'This latest charade at Pakistan's behest is yet another desperate attempt by it to escape accountability for its role as the global epicenter of terrorism,' the MEA said. 'Pakistan's resort to this fabricated arbitration mechanism is consistent with its decades-long pattern of deception and manipulation of international forums,' it said in a statement. India has never recognised the proceedings at the Permanent Court of Arbitration after Pakistan raised objections to certain design elements of the two projects under the provisions of the Indus Waters Treaty. 'Today, the illegal Court of Arbitration, purportedly constituted under the Indus Waters Treaty 1960, albeit in brazen violation of it, has issued what it characterizes as a 'supplemental award' on its competence concerning the Kishenganga and Ratle hydroelectric projects in the Indian Union Territory of Jammu and Kashmir,' the MEA said. 'India has never recognised the existence in law of this so-called Court of Arbitration,' it said. The MEA said India's position has all along been that the constitution of this so-called arbitral body is in itself a serious breach of the Indus Waters Treaty and consequently any proceedings before this forum and any award or decision taken by it are also illegal for that reason. STORY CONTINUES BELOW THIS AD A day after the April 22 Pahalgam terror attack, India took a series of punitive measures against Pakistan that included putting the Indus Waters Treaty of 1960 in 'abeyance'. 'Following the Pahalgam terrorist attack, India has in exercise of its rights as a sovereign nation under international law, placed the Indus Waters Treaty in abeyance, until Pakistan credibly and irrevocably abjures its support for cross-border terrorism,' the MEA said. 'Until such time that the treaty is in abeyance, India is no longer bound to perform any of its obligations under the treaty,' it said. 'No court of arbitration, much less this illegally constituted arbitral body which has no existence in the eye of law, has the jurisdiction to examine the legality of India's actions in exercise of its rights as a sovereign,' it added. India, therefore, categorically rejects this so-called supplemental award as it has rejected all prior pronouncements of this body, it said.
Time of India
4 hours ago
- Politics
- Time of India
Indus Treaty arbitration court is illegal, says India
NEW DELHI: India on Friday rejected the Court of Arbitration under the Indus Waters Treaty , describing it as illegal and refusing to recognise its authority to hear cases related to the Kishenganga and Ratle hydropower projects in J&K. "India has never recognised the existence in law of this so-called Court of Arbitration, and India's position has all along been that the constitution of this so-called arbitral body is in itself a serious breach of the Indus Waters Treaty and consequently any proceedings before this forum and any award or decision taken by it are also for that reason illegal and per se void," MEA said. India's reaction came after the Hague-based Court of Arbitration rendered a "Supplemental Award" on the competence of the court in an arbitration initiated by Pakistan against India. In the Supplemental Award, the court considered its competence to address Pakistan's request to intervene over the decision made by India on April 23 to keep the 1960 Treaty in abeyance following the Pahalgam terror attack. Rejecting the authority of the court, MEA said, "No Court of Arbitration, much less this illegally constituted arbitral body which has no existence in the eye of law, has the jurisdiction to examine the legality of India's actions in exercise of its rights as a sovereign."
The Print
4 hours ago
- Politics
- The Print
India rejects court arbitration on Kishanganga-Ratle dispute, calls it Pakistan's ‘latest charade'
The statement added: 'India has never recognised the existence in law of this so-called Court of Arbitration, and India's position has all along been that the constitution of this so-called arbitral body is in itself a serious breach of the Indus Waters Treaty and consequently any proceedings before this forum and any award or decision taken by it are also for that reason illegal and per se void.' 'Today, the illegal Court of Arbitration, purportedly constituted under the Indus Waters Treaty 1960, albeit in brazen violation of it, has issued what it characterizes as a 'supplemental award' on its competence concerning the Kishanganga and Ratle hydroelectric projects in the Indian Union Territory of Jammu and Kashmir,' the Ministry of External Affairs (MEA) said in a statement Friday. New Delhi: India 'categorically rejected' the supplemental award on competence announced by 'the-so called' Court of Arbitration on the Kishanganga and Ratle hydroelectric projects in Jammu and Kashmir, terming it as the 'latest charade' by Pakistan to 'escape accountability' as the 'global epicentre' of terrorism. The strong statement comes as India and Pakistan have continued to lock-horns over the 330 MW Kishanganga project on the Kishanganga river and the 850 MW Ratle hydroelectric project on the Chenab river. The issues first surfaced in 2007, when Pakistan raised six objections to India's Kishanganga project. Four of the six issues were technical, while two were legal. In 2009, Pakistan went to the Court of Arbitration over the two legal questions, which had issued its final award in 2013 allowing India to divert the waters of the Kishanganga with conditions. However, the technical issues remained unresolved, with Islamabad also raising issues with the Ratle hydroelectric project. India maintained that the issue should be dealt with through the appointment of a 'neutral expert', which is another way to resolve disputes under the 1960 Indus Waters Treaty (IWT). In 2015, Pakistan sought the appointment of a neutral expert, however, backtracking later and calling for the disputes to be resolved through a court of arbitration. New Delhi rejected the constitution of a court of arbitration. The World Bank started both processes–appointing a neutral expert and seeking the formation of a court of arbitration–simultaneously. India has not participated in the arbitration proceedings since. Earlier this year, the neutral expert–Michael Lino–backed India's stance, ruling that he had the competence to deal with the issue at hand. However, following the Pahalgam terrorist attack that killed 26 people, New Delhi moved to hold the treaty in 'abeyance' until Islamabad stops supporting cross-border terrorism. 'Following the Pahalgam terrorist attack, India has in exercise of its rights as a sovereign nation under international law, placed the Indus Waters Treaty in abeyance, until Pakistan credibly and irrevocably abjures its support for cross-border terrorism,' the MEA statement said. It added: 'Until such time that the Treaty is in abeyance, India is no longer bound to perform any of its obligations under the Treaty. No Court of Arbitration, much less this illegally constituted arbitral body which has no existence in the eye of law, has the jurisdiction to examine the legality of India's actions in exercise of its rights as a sovereign.' Pakistan has called India's move to hold the treaty in abeyance unlawful and has promised that any diversion of the Indus waters could constitute an act of war. However, New Delhi has maintained its diplomatic position. 'This latest charade at Pakistan's behest is yet another desperate attempt by it to escape accountability for its role as the global epicenter of terrorism. Pakistan's resort to this fabricated arbitration mechanism is consistent with its decades-long pattern of deception and manipulation of international forums,' the MEA said (Edited by Tony Rai) Also Read: With Indus Waters Treaty on hold, India working to revive Tulbul project on Kashmir's Wular Lake
