Pakistan to take India to The Hague after two-day meet yields no breakthrough

[INDIAPOSITIVE]

Pakistan to take India to The Hague after two-day meet yields no breakthrough
Indrani Bagchi| TNN | Jul 16, 2016, 11.05 PM IST
HIGHLIGHTS

• A two-day meeting between India and Pakistan on the Kishenganga and Ratle hydroelectric projects has failed to produce a breakthrough.
• Pakistan is now determined to approach the Permanent Court of Arbitration at The Hague, Netherlands.
• Pakistan has reportedly hired a consortium of two US based law firms.

The Kishanganga river project in Kashmir.
NEW DELHI: Pakistan is determined to take India to the Permanent Court of Arbitration (PCA) on the Kishenganga and Ratle hydroelectric projects after a two-day meeting between the two sides failed to produce a breakthrough.

In a statement after the meeting, India said it had pointed out to Pakistan that the latter was "violating provisions of the Indus Waters Treaty in rushing to a third forum, without attempting to avail Treaty provisions for amicably resolving matters of mutual concern." With Pakistan now set to approach the PCA in The Hague, MEA spokesperson Vikas Swarup said India hoped that Pakistan would "see reason in our (its) suggestions on the way forward."

India believes Pakistan should allow the Indus Water Commission to do its work, and attempt to resolve the differences. India feels Pakistan's decison would make the commission less relevant. India would also have been happier with a neutral expert.

Pakistan says it wants to resolve three issues related to freeboard, pondage and location of the orifices of spillways. Pakistan has already once taken the dispute to The Hague in 2013. The court allowed India to continue construction and to temporarily divert water from the Kishenganga river, but agreed with Pakistan on the method of flushing out of silt from the reservoir.

But Pakistan fundamentally objects to India's constructing hydro projects on Indus, Jhelum and Chenab, which have been awarded to it under the Indus Waters Treaty. Although India is allowed to build run-of-the-river hydroelectric projects, this remains an issue of deep concern for Pakistan, which alternatively fears being flooded or dried out by India. However, that has never yet happened.

"Talks for 2.5 years with India on resolution of Pakistan's objections regarding Kishanganga and Ratle Hydroelectric Plants (HEPs) failed and Pakistan with the consent of stakeholders decided to take it to full court of arbitration," Pakistan Minister for Water and Power Khawaja Asif said in a tweet.

According to Pakistan media reports, the government debated for months on the different merits of appointing a neutral expert or going to the PCA. Ultimately, the Pakistan government, has opted to approach the full court of arbitration.

Pakistan has reportedly hired a consortium of two US based law firms that include Three Crowns and Walliams & Connelly. "Both law firms are also well known lobbyists in US," said media reports, quoting senior Pakistan government officials

http://timesofindia.indiatimes.com/...elds-no-breakthrough/articleshow/53244638.cms

 

[Soumitra]

How many times they have taken to arbitration courts and lost

 

[Perpendicular]

No surprises here.
Pakistan has supported china on Hague judgement and now it is going to take the same's refuge. Ironic. Hypocrite. Or just plain stupid.

 

[DesiWarrior]

It's a good decision on Pakistan's part. There is no point in having talks when India is not serious about heeding to Pakistan's objections, it was buying time.

 

[Ankit Kumar 002]

They don't support the same court's decision on west Philippine sea but will go to them for justice ?? Lol what a bunch of hypocrites.

 

[kaykay]

and they'll lose once again.

 

[Raje amar]

Why should Pakistan bother to go to Hague, as itself don't support Hague's decision on SCS.......
Why they expect us to honor Hague decision, when they support a country that discard the decision.....
Strange logic by Pakistani....

 

[SrNair]

How many times they have taken to arbitration courts and lost

Two possibilities can be see in this drama.

1.Too much ego ,frustration and inferiority complex is blinding the rational thinking of the Pak diplomats.Unlike earlier decades Indian officials are too tough in their engagements.
2.Perhaps looking for a drama in Hague with China or this is another Chinese script after the SCS fiasco.

 

[HAIDER]

Water is issue and Indians exploiting the situation. Next war on water.

 

[Delnavaz B]

Engineers and workers seen outside the headrace tunnel of the Kishenganga Hydel project at Bandipora.

In 2013, arbitration court recognised India’s rights
In a move that will ratchet up tensions, Pakistan has decided to return to an international tribunal to settle a dispute with India over sharing waters of the Kishenganga and Ratle rivers.

Pakistan had initiated international proceedings on sharing Kishenganga’s water but lost the case in 2013 when the International Court of Arbitration “recognised” India’s rights over the river.

Pakistan’s latest decision to go to the Permanent Court of Arbitration (PCA), The Hague, was made public after talks between officials of both sides in Delhi failed to make progress.

“Visit of a team, led by Water and Power Secretary of Pakistan to New Delhi on July 14-15, was in response to India pointing out to Pakistan that the latter was violating provisions of the Indus Waters Treaty in rushing to a third forum without attempting to avail Treaty provisions for amicably resolving matters of mutual concern pertaining to two hydro-electric power projects on Kishenganga and Ratle,” the official spokesperson Vikas Swarup told the media.

Pakistan’s decision to move the Permanent Court of Arbitration in the case is expected to erode the established mechanism of solving disputes on river water sharing which has served both sides successfully under the Indus Waters Treaty, 1960.

India’s response came a day after Pakistan’s Minister of Defence, Water and Power, Khawaja M. Asif announced on Twitter that two and half years of negotiation on Kishenganga and Ratle projects have failed. “Pakistan with the consent of stakeholders has decided to take it to the full court of arbitration,” Mr. Asif said.

Pakistan’s previous attempt at the PCA had backfired as the PCA had given a verdict defending India’s right to divert water of Kishenganga. The PCA had also quashed Pakistan’s argument that India’s hydro electricity power plans on the Kishenganga reduced flow of water for Neelum Jhelum Hydro Electricity Project (NJHEP).

New Strategy
However experts in Pakistan are pointing out that unlike the previous arbitration at the PCA which lasted from 2010-2013, Pakistan will this time around take up the issue of “design” of the Kishenganga and Ratle river projects in Kashmir.

“We intend to emphasise the design aspect of the dams which may reduce flow of waters in the lower riparian region of Pakistan,” said Najam Rafique of Islamabad’s Institute of Strategic Studies. Dr. Rafique said that Pakistan would also highlight that the previous decision of the PCA had stated that India’s right over these rivers was not “absolute” as India also has to ensure minimum flow of waters into the Pakistani part of the rivers. “Under the previous judgment India is supposed to maintain a flow of water which would be sufficient for Pakistan,” he said.
http://www.thehindu.com/news/nation...ack-to-court/article8860799.ece?homepage=true

 

[Delnavaz B]

@Tipu7 @The Sandman @Areesh @Moonlight

 

[nik141993]

we need to build more dam on our side, GOI should scrap IWT & divert whole satluj & beas to indian punjab & haryana & then to rajasthan...this way we can stop desertification & bring greenery to thar

 

[Delnavaz B]

we need to build more dam on our side, GOI should scrap IWT & divert whole satluj & beas to indian punjab & haryana & then to rajasthan...this way we can stop desertification & bring greenery to thar

Do you think Pakistan will let you do this...In your dreams.

 

[Tamilnadu]

I would say a good decision by pakistan for PDF Indians,we can have another thread on it after the outcome and troll Pakistanies.

 

[Viny]

nothing more than diverting the public attention to Kashmir then water issues with india, thus making a charged up environment in public against india so that the return of nawaz after long break is not questioned neither any other important domestic issues get highlighted. This will also give the time and build the base for NS government to pull some strings on nationality, pro pakistan and anti india themes to gain some mass acceptance as well as to silent some opponents who felt NS is soft towards india.

Old tactics, this have been going in loops, i hope the local people understand these mimics and demand govt to perform and focus on domestic issues, instead of holding upon external issues of false pride.