Indus Water Treaty

ISBN : 9780199403547

Hussain Ijaz
272 Pages
138 x 216 mm
Pub date
Apr 2018
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Negotiated under the World Bank auspices, the Indus Waters Treaty (signed in 1960) settled the water dispute by dividing the Indus Rivers, allocating three Eastern Rivers to India and three Western Rivers to Pakistan. The Treaty worked well for some time but has run into difficulties in recent years.

The book deals with the genesis of the dispute, the World Bank's role in the settlement, the Wullar Barrage, Salal, Baglihar, and Kishenganga Dams disputes, the impact of climate change on the Treaty, India's current discontentment with the Treaty, and its treatment of Nepal and Bangladesh on the water issue.

This is the first ever study which approaches the subject from political and legal perspectives. Based on declassified World Bank documents, at least four aspects of the book may be termed as unique to it. First, it demonstrates that it was the World Bank which made Pakistan surrender the Eastern Rivers to India with an ulterior motive to rope in the latter into the Western fold in the Cold War struggle. Secondly, it reveals that Pakistan lost the Baglihar case due to the curt attitude of the leader of the Pakistan delegation, provoking the Neutral Expert give his pronouncement against it. Thirdly, it studies for the first time the possible effect of climate change on the Indus Rivers and its political fallout on the two countries. Fourthly and finally, it investigates India's uncompromising attitude and its efforts of finding ways and means of getting out of the water imbroglio.


Chapter 1
Indus Rivers and Plains, Canal Building, and Sindh-Punjab Water Dispute
A) The Indus Rivers
B) The Indus Plain
C) Canal Building before the British
D) British and the Canal System
E) Origins of Sindh-Punjab Water Dispute
Chapter 2
Genesis of the Dispute
A) Radcliffe Award and its Background
B) Motives behind the Award
C) Standstill Agreement and the Aftermath
D) May 1948 Joint Statement and its Validity
Chapter 3
World Bank: The Honest Broker?
A) The Lilienthal Proposal and its Background
B) Parties' Interests in the Negotiations
C) Bank's Initiative and Start of Negotiations
D) Bank Cuts the Gordian Knot
E) Analysis of Pakistan's Claim to the Eastern Rivers
F) Bank Dictates: Smoking Gun Evidence
G) Crossing the Rubicon
H) Towards a Water Treaty
I) Appraisal of Ayub Khan's Role
J) Bank's Motive to Side with India
Chapter 4
Terms of the Treaty
A) Uniqueness of the Treaty
B) Safeguards for Pakistan and India
C) Permanent Indus Commission
D) Conflict Resolution Procedure
E) Territorial Scope of the Treaty
F) Miscellaneous Provisions
Chapter 5
Treaty in Action-I
A) Salal Dam
a) History of the Dispute
b) Pakistan's Objections and India's Rebuttal
c) The Settlement
B) Wullar Barrage/Tulbul Navigational Project
a) History of the Dispute
b) Arguments of the Parties and their Critique
C) Baglihar Dam
a) History of the Dispute
b) Did Pakistan Seize the World Bank Belatedly?
c) Appointment of the Neutral Expert
d) Pakistan's Objections
e) Point Counter Point
i) India's Arguments
ii) Pakistan's Arguments
f) Neutral Expert's Determination and its Critique
g) Why Did Pakistan Lose the Case?
h) Allegation of Stealing Pakistan's Water
Chapter 6
Treaty in Action-II
A) Kishenganga Dam
a) History of the Dispute
b) Point Counter Point
i) Pakistan's Arguments
ii) India's Arguments
c) Partial Award and Court's Reasoning
d) Final Award and Court's Reasoning
e) Critique of the Award
B) Nimoo Bazgo and Chutak Dams
a) Basic Facts
b) India Claims Carbon Credits
c) Controversy about Jamaat Ali Shah
C) Restructuring Governmental Water-Related Machinery
Chapter 7
Treaty and Climate Change
A) Is Climate Change Real?
B) South Asia and Climate Change
C) Climate Change and Indus Rivers
Chapter 8
Treaty in Trouble
A) Terrorism as Grounds for Termination
B) Rebus Sic Stantibus as Grounds for Termination
C) Kashmiri Concerns as Grounds for Termination
D) Unfairness as Grounds for Renegotiations
E) India's Motive for Revisiting the Treaty
F) India's Water Diplomacy with its South Asian Neighbours
a) Nepal
i) Kosi Agreement
ii) Gandak Agreement
iii) Tanakpur Agreement
iv) Mahakali Treaty
b) Bangladesh
i) Farakka Barrage Agreement
ii) Teesta River Dispute
A) Official Documents
a) General
b) World Bank-Related Documents
B) Books and Reports
C) Periodical Literature
D) Newspaper Articles
E) Case Law
a) General
b) Baglihar and Kishenganga
F) Pakistan's TV Talk Shows (Available on the Internet)
G) Interviews or Correspondence with Water Experts
Appendix 1: Inter-Dominion Agreement
Appendix 2: Text of Indus Waters Treaty
Appendix 3: Details of Projects by India on Western Rivers
A) River Chenab
a) Commissioned Projects
b) Location
c) Under Active Consideration and Power Potential
d) Locations of Possible Diversions
B) River Jhelum
a) Commissioned Projects
b) Location
c) Power Potential
C) River Indus
a) Commissioned/Under Construction Projects
b) Location
c) Power Potential
D) Rivers Common with Afghanistan
a) Common Rivers in Khyber Pakhtunkhwa
b) Common Rivers in Balochistan
c) Average Annual Inflows
d) Location Map of Ongoing/Proposed Projects by Pakistan
e) Projects in Afghanistan
E) Wullar Barrage and Storage Project/Tulbul Navigation Project
a) Location
F) Location Map of Baglihar HEP
a) Location
b) Salient Features
G) Kishenganga Hydroelectric Plant
a) Kishenganga Hydroelectric Plant on River Neelum
b) Composite Map of Kishenganga, Wullar, LJHP, 544 URI-I, and URI-II
Appendix 4: Western Rivers Inflow at Rim-Stations (MAF)

About the author: 

Ijaz Hussain is the former Dean of Social Sciences, and Chairman, International Relations Department, Quaid-i-Azam University, Islamabad. He completed his PhD in public law from the University of Nice, France, with specialization in international law, and received a certificate in international law from The Hague Academy (Centre of Studies and Research). He was a Congressional fellow working in the office of Congressman, Claude Pepper, in the US Congress during 1982-83; and Deputy Permanent Delegate of Pakistan to UNESCO in Paris during 1988-92. He has been a visiting fellow at the Keio, Rikkyo, Heidelberg (South-Asia Institute), and Illinois Universities. Ijaz Hussain has published several books and research articles in Pakistan and abroad.

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