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Express Tribune
a day ago
- Politics
- Express Tribune
Pakistan hails ICJ advisory on states' climate obligations
A general view of the International Court of Justice (ICJ) in The Hague, Netherlands, December 9, 2019. REUTERS Listen to article Pakistan has welcomed the Advisory Opinion issued by the International Court of Justice (ICJ) on the legal obligations of states regarding climate change, calling it a reaffirmation of key international legal responsibilities in addressing the global climate crisis. ICJ said countries must address the "urgent and existential threat" of climate change by cooperating to curb emissions, as it delivered an opinion set to determine future environmental litigation. The failure by countries to meet their climate obligations could, in specific cases, lead other states affected by climate change to litigate. In a statement released on Thursday, the Government of Pakistan said the opinion 'underscores the urgent global challenge posed by climate change and reaffirms critical legal obligations under international law.' The Attorney General for Pakistan, Mansoor Usman Awan, had delivered oral submissions before the ICJ on April 15, 2025, emphasizing the need to recognize states' duty to prevent significant environmental harm as 'an obligation that transcends borders and demands stringent diligence from every State.' Islamabad also submitted two detailed written statements to the court on March 21 and August 9, 2024, reinforcing its position on states' responsibilities under international environmental law. ICJ has affirmed several key positions advanced by Pakistan in its advisory opinion on states' legal responsibilities concerning climate change, the government said. Read: World's top court paves way for climate reparations The Court confirmed that the longstanding customary international law principle of preventing significant environmental harm applies explicitly to human-induced greenhouse gas emissions. The ruling reinforces that states are obligated to prevent activities within their jurisdiction from causing significant transboundary environmental harm. The ICJ affirmed that specialized climate agreements—such as the UN Framework Convention on Climate Change (UNFCCC) and the Paris Agreement—do not override the broader obligation of prevention under customary international law. This ruling supports Pakistan's position, which rejected the idea that these treaties represent lex specialis capable of limiting or displacing the general environmental duties that all states must uphold. ICJ has acknowledged that states have extraterritorial human rights obligations under the International Covenant on Civil and Political Rights (ICCPR) when activities within their borders cause harm beyond them, including climate-related impacts. The ruling aligns with Islamabad's submission that states bear responsibility for human rights violations resulting from actions or omissions that lead to significant environmental harm affecting people in other countries. 'As one of the countries most significantly impacted by climate-induced events,' the statement said, 'Pakistan urges all nations to rigorously comply with their legal obligations and to strengthen global collaborative efforts to mitigate climate change and support adaptation measures.' Moreover, the opinion by the ICJ was immediately welcomed by environmental groups. Legal experts said it was a victory for small island and low-lying states that had asked the court to clarify states' responsibilities. Read more: 'Govt prepared to tackle climate impact' This opinion follows two weeks of hearings last December at the ICJ when the judges were asked by the UN General Assembly to consider two questions: what are countries' obligations under international law to protect the climate from greenhouse gas emissions; and what are the legal consequences for countries that harm the climate system? Wealthy countries of the Global North told the judges that existing climate treaties, including the 2015 Paris Agreement, which are largely non-binding, should be the basis for deciding their responsibilities. Developing nations and small island states at greatest risk from rising sea levels argued for stronger measures, in some cases legally binding, to curb emissions and for the biggest emitters of climate-warming greenhouse gases to provide financial aid. They had sought clarification from the court after the failure so far of the 2015 Paris Agreement to curb the growth of global greenhouse gas emissions. Late last year, in the "Emissions Gap Report," which takes stock of countries' promises to tackle climate change compared with what is needed, the UN said that current climate policies will result in global warming of more than 3 C (5.4 F) above pre-industrial levels by 2100. As campaigners seek to hold companies and governments to account, climate-related litigation has intensified, with nearly 3,000 cases filed across almost 60 countries, according to June figures from London's Grantham Research Institute on Climate Change and the Environment.
Business Recorder
04-07-2025
- Business
- Business Recorder
Govt mulling resolving IWT row via Indus body
ISLAMABAD: The government is planning to resolve the matter of abeyance of Indus Waters Treaty (IWT) by India through Permanent Indus Commissioners of the two signatories, Pakistan and India, but If there is no substantial outcome, then Pakistan would consider approaching the Permanent Court of Arbitration. This was stated by Attorney-General for Pakistan Mansoor Usman Awan while speaking to Business Recorder. The process involves Pakistan approaching the World Bank, the broker of IWT, for constitution of Court of Arbitration (CoA), after Indian government's unilateral decision of putting the IWT in abeyance subsequent to the 23 April 2025 terrorist attack near Pahalgam in Illegal Occupied Held Kashmir citing national security concerns. IWT: PM hails arbitration court's ruling 'We are preparing our case to seek all legal remedies to stop New Delhi from blatant violation of the Treaty unilaterally which is still inforce as per the international law,' informed sources told Business Recorder. According to Article 9 of IWT, if a question arises on the applicability of the Treaty between the two signatory countries, and in case both do not agree on a resolution mechanism bilaterally or G2G then the affected party will approach the third party. In this instance, the third party is CoA as a neutral expert is limited to deal only with the design of a project. The remedy to approach CoA is the role of the World Bank, as no country as an aggrieved party can establish CoA itself and for this purpose agreement of both parties is not necessary. The sources said, when an aggrieved party approaches the World Bank for establishment of CoA, the Bank has to establish CoA and it is the duty of CoA to take a decision on the application of the aggrieved country as it cannot hold the application on the grounds of reaching a consensus between the parties. However, in case the World Bank does not forward Pakistan's application for establishment of CoA under influence of some 'powers' and puts it aside, even then it willbe to the benefit of Pakistan as it would have adopted a legal course in accordance with the law and in case of any other step the burden will be on India for not following the legal course. 'Pakistan has decided to adopt legal course. We will go to the Court of Arbitration which will give its verdict as per its mandate,' the sources said, adding that in case the World Bank does not establish CoA, it will be enough for the world powers to understand that whatever legal course was available Pakistan adopted it before taking any adverse action. If CoA gives its verdict in favour of Pakistan and India does not implement it, then Pakistan has legal justification for considering it an act of war. When the case is taken to the International Court of Justice (ICJ), both countries have to accept its jurisdiction. However, if the United Nations passes a resolution on the matter, then IJC is bound to hear an application/ petition of a party as an organ of UN like the World Bank. CoA is established under Indus Waters Treaty whereas IJC can hear any case. Currently, Pakistan is sharing water related data with India unilaterally which means if a question arises at any international fora if Pakistan has shared all the information with New Delhi, then Pakistan would be in the better position. Pakistan has also shared information about variation in inflows in Chenab river at Maralla through Ministry of Foreign Affairs but received no response. CoA recently delivered a supplemental award related to the Indus Waters Treaty (IWT) which was rejected by India, while Pakistan accepted it. The decision relates to a dispute concerning the construction of hydroelectric power plants on the Western rivers, specifically the Kishanganga (2013) and Ratle (2015) projects. The CoA's supplemental award appears to address outstanding issues or clarifications following its earlier rulings. In 25 January 2023, India issued a notice to Pakistan conveying its intent to amend the IWT within 90 days to guarantee that disputes would be handled between the two nations without any outside interference. The notice of negotiation was issued just two days before the COA, established at Pakistan's request under the IWT, was to commence which was boycotted by India. According to the Attorney General of Pakistan's (AGP) office, on April 5, 2023, Pakistan responded to the Indian notice in which it was stated that Pakistan was ready to listen to New Delhi's concerns about the prevalent treaty at the level of the Permanent Commission of Indus Waters (PCIW). The decision about the parleys on changes to the Treaty will be taken once Pakistan hears India's concerns at the PCIW level. However, under Article XII, the existing Treaty will continue to reign unless the parties to the dispute, Pakistan and India, bilaterally introduce changes to the Pact. Copyright Business Recorder, 2025
Arab News
22-05-2025
- Politics
- Arab News
Pakistan says open to water talks with India but insists Indus treaty remains binding
ISLAMABAD: Pakistan is willing to discuss water-sharing concerns with India, the country's top legal official said on Thursday, though he maintained the decades-old Indus Waters Treaty remained legally binding on both countries and could not be unilaterally suspended. Attorney General Mansoor Usman Awan shared his country's perspective with Reuters over the issue in an exclusive interview after Indian Prime Minister Narendra Modi's reiterated his threat to block water flows to Pakistan. India has said it would suspend the treaty as part of a series of measures following a deadly militant attack in Indian-administered Kashmir on April 22, which New Delhi blamed on Islamabad. Pakistan denies the allegation and says any attempt to disrupt water access would be a breach of international obligations with severe consequences. 'Pakistan is willing to talk about or to address anything, any concerns they [the Indians] may have,' Awan said during the interview. He said India had written to Pakistan in recent weeks, citing population growth and clean energy needs as reasons to modify the treaty. But he said any discussions would have to take part under the terms of the treaty. Islamabad maintains the treaty is legally binding and no party can unilaterally suspend it, Awan said. 'As far as Pakistan is concerned, the treaty is very much operational, functional, and anything which India does, it does at its own cost and peril as far as the building of any hydroelectric power projects are concerned,' he added. Modi on Thursday ramped up pressure during a public event in Rajasthan, a state bordering Pakistan, saying: 'Pakistan will not get water from rivers over which India has rights.' 'Pakistan will have to pay a heavy price for every terrorist attack … Pakistan's army will pay it. Pakistan's economy will pay it,' he added, referencing the April 22 attack that left 26 people dead. The 1960 Indus Waters Treaty, brokered by the World Bank, allocates water from six rivers shared by the two countries. It guarantees Pakistan access to waters that irrigate nearly 80 percent of its farmland. Awan said Pakistan would oppose any attempts to alter the treaty outside of its legal framework. The nuclear-armed neighbors had earlier engaged in their most intense military confrontation in decades before agreeing to a US-brokered ceasefire on May 10. India and Pakistan have fought three wars since gaining independence in 1947, two of them over Kashmir, which both claim in full but administer in part. India accuses Pakistan of supporting Kashmiri separatists in the disputed region, a charge Pakistan denies. Tensions further escalated on Wednesday between the two countries when a suicide bombing targeted a school bus in Pakistan's southwestern Balochistan province, killing six people, including four children. Pakistan's government and military accused 'Indian terror proxies' of orchestrating the attack, an allegation India rejected. In the fallout from the April attack, both countries have halted trade, closed borders and suspended most visa processing, deepening diplomatic and economic strains.
Express Tribune
22-05-2025
- Politics
- Express Tribune
Modi says Pakistan will not get water from Indian-controlled rivers
Indian Prime Minister Narendra Modi warned that New Delhi would not tolerate 'nuclear blackmail' in the event of further conflict with Pakistan. PHOTO: AFP Listen to article Indian Prime Minister Narendra Modi said on Thursday Pakistan will not get water from rivers over which India has rights. He threatened, "Pakistan will have to pay a heavy price for every terrorist attack ... Pakistan's army will pay it. Pakistan's economy will pay it," during an event in Rajasthan. Pakistan's Attorney General Mansoor Usman Awan responded to the situation in an interview with Reuters, stating, "Pakistan is willing to talk about or to address anything, any concerns they may have." He stressed that any discussions on the treaty "would have to take part under the terms of the treaty," underscoring Pakistan's position that the Indus Waters Treaty (IWT) remains legally binding. In the wake of escalating tensions between Pakistan and India following an attack in Indian Illegally Occupied Jammu and Kashmir (IIOJK) on April 22, Pakistan has condemned India for holding the treaty in 'abeyance'. The treaty guarantees water for nearly 80% of Pakistan's agriculture from three rivers that flow from India, making it a critical lifeline for the country's farming sector. On the treaty's suspension by India last month, Awan said, "As far as Pakistan is concerned, the treaty is very much operational, functional, and anything which India does, it does at its own cost and peril as far as the building of any hydroelectric power projects are concerned." Despite the heightened rhetoric, the ceasefire agreed on May 10 has largely held. Indian Foreign Minister Subrahmanyam Jaishankar said there have been no recent exchanges of fire and "there has been some repositioning of forces accordingly." However, he reiterated India's stance on counterterrorism, stating, "The (military) operation continues because there is a clear message ... that if there are acts of the kind we saw on April 22, there will be a response. We will hit the terrorists. If the terrorists are in Pakistan, we will hit them where they are." A day earlier, at least five people, including three schoolchildren, were martyred and several others injured in a suicide attack targeting a school bus in Khuzdar early Wednesday morning. The military's media wing stated that "three innocent children and two adults have embraced Shahadat" and multiple children have sustained injuries in the "cowardly and ghastly attack planned and orchestrated by the terrorist state of India and executed by its proxies in Balochistan". The ISPR added that India has unleashed its proxies to spread terror and unrest in Balochistan and Khyber-Pakhtunkhawa through such heinous and cowardly acts after miserably failing on the battlefield. The top military commanders declared that 'no one can coerce Pakistan through the use or threat of force' and that the hostile elements trained and financed to incite chaos in the country will be decimated. The declaration was made at the 270th Corps Commanders' Conference chaired by Army Chief Field Marshal Syed Asim Munir at the GHQ in Rawalpindi on Thursday. Earlier this week, DG ISPR Lt Gen Ahmed Sharif Chaudhry said Pakistan is a peace-loving country, but any act of Indian aggression will be met with a swift and decisive response. Speaking in an interview with Anadolu Agency, the chief military spokesperson said that Pakistan would not accept any form of regional dominance. 'Pakistan will never bow down to Indian hegemony,' he said, adding that 'the sooner they [India] realise this, the better it will be for regional peace and the world.'
News18
29-04-2025
- Politics
- News18
Pakistan Plans To Challenge Suspension Of Indus Waters Treaty, Here's What India Has To Say
Last Updated: Indian government sources argue that the Indus Water Treaty lacks an enforcement body and that international forums like the ICJ have limited power to ensure compliance. Pakistan is set to challenge India's decision to put the Indus Water Treaty in abeyance, saying it has a strong legal basis for appeal, sources have told CNN-News18. Pakistan plans to take its case to international forums such as the International Court of Justice (ICJ), the United Nations, and the World Bank. Sources in Islamabad reveal that Pakistan's Attorney General, Mansoor Usman Awan, is currently preparing the necessary documentation. Recent meetings have involved the Cabinet Attorney General and Law Minister Azam Nazeer Tarar. Pakistan depends heavily on the Indus system, which accounts for 80 per cent of its irrigated agriculture and 30 per cent of its hydropower. Any disruptions could severely impact food security, livelihoods, and regional stability. The consequences of crop failures, groundwater depletion, and inter-provincial conflicts could potentially lead to civil unrest, sources in Pakistan said. The Indus Water Treaty, established in 1960 and brokered by the World Bank, has endured multiple wars and crises. Pakistan will highlight the treaty's historical resilience and accuse India of politicising water sharing, sources said. The petition is expected to emphasise the legal inviolability of the treaty and its humanitarian implications. Pakistan aims to challenge India's suspension of the treaty through both legal and diplomatic channels, arguing that the treaty does not allow for unilateral suspension or termination. The country will likely contend that India's actions violate the binding nature of the treaty under international law and customary international law governing transboundary water rights. If necessary, Pakistan may take its case to the ICJ, claiming that India's suspension breaches treaty obligations. As the treaty's guarantor, the World Bank could be asked to mediate or arbitrate. Pakistan may also seek support from allies such as China, Saudi Arabia, and the Organisation of Islamic Cooperation (OIC) to apply economic pressure on India. India has disputed the jurisdiction of neutral experts and arbitration courts since suspending the treaty, which complicates the legal route. Historically, India has rejected ICJ jurisdiction in bilateral disputes, potentially limiting the effectiveness of this approach. Indian government sources argue that the Indus Water Treaty lacks an enforcement body and that international forums like the ICJ have limited power to ensure compliance. They cite Pakistan's support for cross-border terrorism, referencing the recent Pahalgam attack, as grounds for suspension. India also asserts its right to renegotiate the treaty under Article XII, considering climate change and developmental needs. If Pakistan invokes the treaty's dispute resolution mechanism, India may refuse to participate, maintaining its suspension of cooperation under the treaty. Get breaking news, in-depth analysis, and expert perspectives on everything from geopolitics to diplomacy and global trends. Stay informed with the latest world news only on News18. Download the News18 App to stay updated! First Published:
