After the unfortunate and barbaric Pahalgam attack of last month, the world shifted its focus to the Indian government, anxiously awaiting retaliation. ‘An eye for an eye’ was the most common response that incensed citizens and heartbroken relatives of the victims proposed. However, the Indian government refrained from taking abrupt and impetuous action. Rather, in its first diplomatic move, it announced, among other restrictions, the suspension of the Indus Waters Treaty.

What is the Indus Waters Treaty?

A water agreement was signed between India and Pakistan in Karachi in September 1960. It split the Indus River system, a lifeline for millions, between the nations and was named the Indus Waters Treaty.

The Ministry of External Affairs defines it as a “treaty between the government of India and the government of Pakistan concerning the most complete and satisfactory utilization of the waters of the Indus system of rivers.” (“Indus Waters Treaty”)

It is a testament to the tangled relationship between these nations and the shared natural resources ( water bodies) that surpass political boundaries. The treaty has remained intact for over six decades, weathering multiple wars and never-ending cross-border conflicts. However, as mentioned above, this was suspended.

The Indus Waters Treaty and the resolution of the conflict

The 1947 partition of British India also divided the Indus basin. The two nations, already scuffling with political and social turmoil, were hit by a new conflict that challenged the sustenance of their population.

After the partition, the people on both sides continued to have disagreements and confrontations over the rivers, which intensified over time until the treaty was signed in 1960.

After years of intense negotiation to resolve this resource-driven conflict, the Indus Waters Treaty divided the six rivers of the Indus system: the Ravi, Beas, Sutlej (Eastern Rivers), and the Indus, Jhelum, and Chenab (Western Rivers) and all their “tributaries and sub-tributaries” between the two nations.

It also laid out restrictions on their usage to protect and ensure fair management of the rivers.

On their website, the Ministry of Jal Shakti states that “All the waters of the Eastern Rivers were allocated to India for her unrestricted use while India is under obligation to let flow all the waters of the Western Rivers, except for the domestic, non-consumptive and other uses permitted in the Treaty.”

This practice continued for several decades until the recent move by the Indian government to hold the water that flows into Pakistan.

International treaties and the shared natural resources

Over the past several years, many types of natural resources, such as water, air, and certain minerals, have been shared among countries for the survival and sustenance of their people. While minerals and fossil fuels are traded internationally, the atmosphere or air, outer space, and high seas with their marine life belong to the global commons. Global commons are the “areas that lie outside of the political reach of any one nation-state.” (Wikipedia contributors)

Several global conventions, protocols, and agreements monitor the sharing and conservation of these resources.

For instance, some agencies work to protect air, a free natural resource used by the world. The first is the Convention on Long-Range Transboundary Air Pollution (CLRTAP). It was a 1979 international treaty that mainly involved 51 nations and aimed to protect the environment from air pollution across borders. Similarly, the Montreal Protocol, a protocol of the Vienna Convention for the Protection of the Ozone Layer, was used to monitor the depletion of the ozone layer. In addition, the 1992 United Nations Framework Convention on Climate Change (FCCC) monitors and reduces greenhouse gas concentrations in the atmosphere, thereby protecting the air shared by the world. India is also a party to the FCCC, with the Ministry of Environment, Forests, and Climate Change (MoEFCC) being the nodal agency for the UNFCCC in India. Moreover, India signed the 2015 Paris Agreement on Climate Change and the Kyoto Protocol.

Similarly, when water resources pass through more than one nation, they become transboundary. Shared water resources across multiple borders inevitably fall within the legal limits of international treaties. The main focus of the conventions overseeing these treaties is to protect these water resources and prevent disputes between nations sharing them.

International treaties could be bilateral (signed between two nations) or multilateral (signed among several countries).

India has signed several bilateral water treaties with neighboring countries. Apart from the Indus Waters Treaty, India signed a treaty with Bangladesh (1996) in Farakka to share the Ganges water. Multiple bilateral water treaties and agreements with Nepal for the Mahakali or Sarda River occurred in 1996.

“The Kosi Agreement of 1954 (amended in December 1966) and the Gandak Agreement of 1959 (amended in April 1964) were signed with Nepal for the construction of the Kosi Project and the Gandak Project, respectively.” (Water Treaty/Agreement)

The most famous example of a multilateral water treaty is the sharing of the Nile River, which flows through several African nations. Another example is the Agreement on the Cooperation for the Sustainable Development of the Mekong River Basin (Mekong Agreement, 1995). It was signed by Cambodia, Laos, Thailand, and Vietnam.

Why do international treaties bind natural resources?

As mentioned earlier in this article, shared natural resources are vulnerable assets of our planet, and with the growing demand from nations sharing them, they could be heavily exploited. Therefore, international treaties are necessary to prevent and resolve disputes between nations that share natural resources.

Second, it provides a framework for the cooperation and peaceful settlement of conflicts that inevitably arise from shared resources, which can otherwise escalate into geopolitical battles.

Third, international water treaties, such as the Indus Waters Treaty, ensure the impartial and reasonable utilization of natural resources and prevent exploitation by either nation, thereby promoting sustainable river water use.

In addition, such treaties lay out the methodologies of pollution control and flood management.

The Indus Waters Treaty remained impartial between the two countries. By carefully considering both nations’ historical usage of river waters and geographical realities, the treaty split the Indus Basin into an 80/20 ratio instead of a 50/50 ratio, with 80% of the Indus water for Pakistan. This has ensured the fair distribution of river water and denied a single nation’s dominance over transboundary resources, encouraging constant cooperation.

How do international treaties function?

International treaties encourage cooperation and communication between the nations involved by forming an institutional framework of expert teams and commissions that monitor and ensure that countries adhere to laws.

For instance, in the case of the Indus Waters Treaty, the Permanent Indus Commission, comprising commissioners from both countries, provided a robust forum for regular dialogue (to prevent misunderstandings) and information exchanges. The multi-tiered framework includes the involvement of the Commission, assigned neutral experts (who could be from another nation with a neutral stance), and a court of arbitration.

This framework ensures unbiased dealings between nations sharing natural resources, such as the Indus rivers.

Kinds of natural resources bound through treaties

• Transboundary: Geopolitical borders do not restrict the flow of the rivers. For example, some rivers start in one country, cross a second country, and end in a third country. These are known as transboundary rivers.
  The equal participation and cooperation of nations sharing these resources are important to ensure the continuation and management of these natural resources. Without laws and restrictions, these resources can be exploited easily.
  The Indus River system is an example of a transboundary natural resource. It is one of the three major river basins in the Himalayan Drainage System. It starts from a glacier in the Tibetan region, flows through northwestern India, and then enters the Sindh region. The treaty acknowledges this interdependence and enables mutual benefit through its laws.
  According to a worldwide water support platform called the Water Law, Governance and Diplomacy, there are “310 transboundary river and lake basins worldwide”, and each of these basins faces “different and unique environmental, social, economic, and political challenges.”
  

The 1992 Convention on the Protection and Use of Transboundary Watercourses and International Lakes (UNECE Water Convention) oversees the sustainable governance of transboundary water bodies.

• Finite, vulnerable, and scarce resources: Finite natural resources, such as fossil fuels and minerals, which cannot be replenished, and vulnerable resources, such as water and forests, and scarce resources, such as clean drinking water from rivers, require international agreements to be sustained within safe limits. These water treaties and agreements ensure the sustainable utilization and conservation of resources.
  As we know, amidst several environmental challenges that our planet is currently facing, it is paramount that nations share the responsibility for the natural resources that they utilize. Hence, a collective effort is required to surpass geopolitics.

The treaties provide a framework and set of laws to aid and address any issue.

Can these treaties be suspended by one of the involved nations?

The Indian government suspended the Indus Waters Treaty in response to the Pahalgam attacks. A diplomatic move yet devastating for Pakistan (as its 80 percent share of the Indus River system shows the country’s extreme dependency on rivers) raised questions about its legitimacy.

To understand this, one must first know about the Vienna Convention on the Law of Treaties (VCLT-1969) and its several principles. Famously called ‘the treaty of treaties,’ the VCLT, drafted by a commission of the United Nations, regulates treaties among different nations. The Indus Waters Treaty is one such example.

‘Pacta Sunt Servanda’ is an important principle under the VCLT, which discourages unilateral suspension or termination of a treaty. However, it also provides the factors on which a treaty can be terminated or suspended. These are material breaches, changes in circumstances, and/or the unified decision of the convention.

The Indian government called for a ‘temporary suspension’ instead of termination and is open to any discussion. The suspension continues until Pakistan formally agrees to act against cross-border terrorism. Although the Indus Waters Treaty does not allow for unilateral suspension, it does not prohibit abeyance. The suspension can have several interpretations and, in response, India can summon articles furnished by the VCLT, such as Article 60 (Material Breach) and Article 62 (Fundamental Change of Circumstances).

Conclusion

The Indus Waters Treaty is one of many treaties that function and regulate the usage and conservation of water resources. This has not been without challenges, mainly due to the strained relationship between India and Pakistan. Although it has remained undisturbed for decades, it is at risk of being manipulated. As recently reported by the Ministry of External Affairs, the treaty will continue to stand in ‘abeyance’ until Pakistan vows to abstain from supporting cross-border terrorism.

This matter conveys the sensitivity of the situation. This emphasizes the necessity of continuous cooperation over sharing transboundary natural resources. International treaties, such as the Indus Waters Treaty, demand a healthy dialogue between nations, not only to protect resources or prevent any geopolitical conflict but also to safeguard the future of millions of people dependent on those resources. After all, the need of the hour is to save the planet for mankind.

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REFERENCES:

• “Indus Waters Treaty.” Ministry of External Affairs, Government of India, www.mea.gov.in/bilateral-documents.htm?dtl/6439/Indus.
• Wikipedia contributors. “Global Commons.” Wikipedia, 6 May 2025, en.wikipedia.org/wiki/Global_commons#:~:text=Global%20commons%20include%20the%20earth's,can%20be%20managed%20or%20governed.
• Water Treaty/Agreement. www.pib.gov.in/PressReleaseIframePage.aspx?PRID=1807862.
• NASA Earth Observatory. When Rivers Are Borders. earthobservatory.nasa.gov/images/147238/when-rivers-are-borders#:~:text=How%20Rivers%20Shape%20States,Image%20of%20the%20Day%20Water.
• https://waterlawandgovernance.org/
• Article 60 of the 1969 Vienna Convention on the Law of Treaties.
• Sunset Clause (Article 47 of the ECT) about Article 62 of the Vienna Convention on the Law of Treaties (VCLT) - Energy Charter