Sunday, November 13, 2011

India to file counter-memorial in the Kishanganga arbitration.

We have earlier discussed about the Kishanganga Arbitration Dispute between India and Pakistan here, here, here, here, and here.

According to the latest news coming in it is supposed that India is soon to file its counter memorial before the Permanent Court of Arbitration (PCA) by end of this month in response to Pakistan's memorial seeking a complete moratorium on the 330-MW Kishanganga Hydro Electricity Project, J&K.

The reports speculate that India will base its argument on the provisions of the 1960 Indus Water Treaty, which it claims, allows use of western rivers - Chenab, Jhelum and Indus - for hydro power projects, with certain restrictions. India thus, would base its arguments on not violating the treaty.

It is also being thought that the Indian side would try convincing the court that because Neelum-Jhelum Hydroelectric Project in PoK which Pakistan claims will be affected is "India territory" occupied by Pakistan, Pakistan cannot raise the Kishenganga project before the PCA.

The matter was taken by Pakistan to the PCA claiming India had violated the 1960 Indus Water Treaty and the dam would gravely put at risk Pakistan's interest and the Neelum-Jhelum Hydroelectric Project near Muzaffarabad, capital of PoK. Following this, an arbitration proceeding with seven-judge bench was started in January. Later, in June Pakistan sought interim measures from the PCA asking India to stop all work on the dam.

We shall try and keep the readers updated of the events as they unfold.

1 comment:

  1. Somehow PCA doesn't publish the details of proceedings. So far, the only available document I had was the interim order. I tried to write up something in this regard -
    http://horizonspeaks.wordpress.com/2011/12/30/kishanganga-the-new-arbitration-between-india-and-pakistan/

    ReplyDelete

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