New publication: “Le fleuve Indus et ses usages : l’arbitrage relatif aux eaux du fleuve Kishenganga”, by Mara Tignino
“Le fleuve Indus et ses usages : l’arbitrage relatif aux eaux du fleuve Kishenganga” (The Indus River and its utilizations: the arbitration case relating to the waters of the Kishenganga river), by AIDA member Mara Tignino, in Annuaire français de droit international, vol. 60, 2014, pp. 519-542, deals with the arbitration case on the Kishenganga Indus Waters between India and Pakistan, which was initiated by Pakistan in May, 2010. Between 2011 and 2013, an arbitral Tribunal established in accordance with the Indus Waters Treaty of 1960 issued four decisions, namely the Order on the Interim Measures of 23 September 2011, the Partial Award of 18 February 2013, the Decision of 20 December 2013 on India’s Request for Clarification or Interpretation dated 20 May 2013, and the Final Award of 20 December 2013. These decisions relate to a hydroelectric project planned by India on the Kishenganga river, which is part of the Indus river basin. The Kishenganga decisions are the first for which an arbitral Tribunal was established to resolve a dispute concerning the application and interpretation of the 1960 Treaty. This Treaty is an emblematic example of cooperation on an international watercourse: it has continued to be applied despite hostilities in the Kashmir region and the three wars fought between India and Pakistan since its adoption. From an environmental perspective, the recognition of the principle of the minimum environmental flow of a river is the most significant aspect of the 2013 Award. India has the right to divert the waters of the Kishenganga River for the production of hydroelectric energy, but while doing so it must ensure a minimum flow to protect water resources.