PCA Concludes Indus Waters Treaty Merits Hearing – OpEd
The Permanent Court of Arbitration (PCA) announced its completion of the Second Phase hearings on 3 February 2026 which Pakistan started through its arbitration case under the Indus Waters Treaty (IWT). The case involves two legal matters which require interpretation of the Treaty to assess specific design elements used in India’s hydroelectric projects that operate on run-of-river systems which take water from the three main Indus basin rivers to create electricity. The dispute centers on three technical specifications which include installed capacity and anticipated load and maximum pondage calculation because these factors have major legal implications.
The current hearing establishes an essential procedural benchmark which demonstrates that treaty-based adjudication systems remain operational while international legal procedures operate independently from one party’s decision to stop participating. The Indian government did not respond to the Court’s invitation and it failed to show up at the tribunal. The Court continued with its proceedings because it determined that parties to a binding treaty system do not need to be present for their jurisdiction to exist after the court reaches its required minimum member count.
The 1960 Indus Waters Treaty which two countries signed has become one of the world’s longest lasting water-sharing treaties. The treaty establishes a system which divides three eastern rivers to India while Pakistan receives control over three western rivers. India can use the western rivers according to specific design and operational limitations. The Treaty includes comprehensive technical standards which protect downstream rights through its rules for hydropower development. The standards establish maximum limits for pondage and operational freedom.
The current arbitration focuses precisely on whether certain design elements of India’s run-of-river projects comply with those constraints. The installed capacity and anticipated load requirements function as engineering specifications which determine the maximum temporary water storage capacity and the operational flow control flexibility of the system. The maximum pondage capacity which refers to the total water storage space available for impoundment directly determines how much water will flow downstream. The parameters of the study affect irrigation practices and flood control measures and the ability of a lower riparian state to maintain its water supply throughout extended periods.
The Court issued Procedural Order No. 19 to require India to provide operational data by 9 February 2026 which included details for pondage calculations. The logbooks and design documents and operational records constitute essential data required to perform objective technical verification. India’s failure to respond by the stipulated deadline entrenches a documented record of procedural default. The evidentiary landscape becomes affected by legal proceedings because silence does not maintain a neutral position.
The PCA will continue its legal proceedings because India did not appear for its scheduled court appearance. The IWT treaty establishes its adjudication process which requires multiple stages of approval to proceed. The treaty-based dispute resolution system continues after parties initiate its use according to treaty rules. The legal system maintains its authority even when parties choose not to participate in proceedings because they have binding responsibilities. The person throws away all power to control court processes as they deal with fact-finding and legal matters and the final decisions.
The current situation creates multiple challenges which threaten the stability of the international system that relies on established rules. A state shows its intention to break away from neutral arbitration when it abandons the process because this establishes a damaging standard which allows states to choose between abiding by treaties or abandoning them based on their current political needs. The conduct of the parties creates distrust in the systems that handle conflict resolution which aim to separate political issues from technical matters.
The existing parallel developments reinforce the existing issue. Reports indicate that UN Special Rapporteurs had set 19 December 2025 as a deadline for India’s response to certain queries related to water and environmental concerns. The deadline has reportedly passed without any response. The multiple groups which refuse to answer inquiries from courts and international organizations create an environment which experiences heightened examination. International practice shows that people who remain silent during legal proceedings will suffer damage to their reputation which extends beyond their current case.
Courts and tribunals frequently consider conduct when assessing cooperation and good faith. The arbitration process relies on legal evidence yet procedural actions shape how people understand claims and defenses. A person who publicly fails to appear before an official tribunal while also ignoring procedural deadlines will face increased legal risks which go beyond his reputation. A tribunal that lacks access to technical documents. from one party must depend on the provided evidence for its decision-making process.
Pakistan shows its complete commitment to the matter at hand to investigate its legal rights. Islamabad sent its top legal and technical team to the tribunal who dedicated themselves to answering the tribunal’s inquiries. Pakistan uses the Treaty mechanisms to establish its institutional trustworthiness while demonstrating its faith in unbiased dispute resolution. The international conflicts process needs to maintain its established procedures because it will enable better understanding of the actual conflict between nations.
The arbitration merits phase involves both technical elements and critical outcomes. Engineers need to conduct detailed studies which will evaluate whether the actual capacity meets the established design standards. Engineers must create load assessments by calculating future energy requirements and system usage patterns. The calculation of maximum pondage needs complete hydrological information together with all relevant historical data. The best way to solve these issues exists through open information sharing together with expert evaluation. The Treaty requires operational data sharing but its absence creates a situation where people lose trust in agreement implementation.
The IWT treaty established three different methods for resolving disputes which included direct talks between parties and mediation by neutral experts before the final step of arbitration. The structure has shown its capacity to endure over time. The legal system begins to operate when a process is initiated and it advances through institutional development which continues regardless of changes in diplomatic relationships.
The case involves multiple parties who have interests beyond its limitations. The Indus basin provides essential resources which support the livelihoods of millions throughout South Asia. Water management requires predictable enforcement of Treaty provisions because it serves as a foundation for maintaining regional peace. The international community watches the arbitration process because they believe that following established procedures will enhance trust between countries which share water resources.
The Permanent Court of Arbitration reached a milestone with its conclusion of merits hearing which confirmed that proceedings would continue. The absence of India from the proceedings has not disrupted the ongoing process. The case shows that treaty obligations and adjudicatory mechanisms remain in force after one party to the treaty decides to stop participating. The tribunal uses its current process to show that legal procedures are active and the document collection process continues and the mechanism for accountability operates according to the rules which states have officially accepted.
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