The Indus Waters Treaty Dispute between Pakistan and India: The Role of the International Court of Justice and the Impact of Non Compliance

Abstract

The research paper explores the legal, historical, and geopolitical aspects of the Indus Waters Treaty (IWT) of 1960, between India and Pakistan, especially the methods of dispute settlement and emerging issues regarding its current developments. The paper follows the historical backdrop of the Treaty, its organizational framework, and the arbitral functions of the International Court of Justice (ICJ) and the Permanent Court of Arbitration (PCA) in decision-making, the milestone occurrence of the Baglihar Dam (2007), and the Kishenganga Project (2013). The 2025 PCA rulings are reviewed to assess their impact on treaty interpretation, compliance, and enforcement. Particular emphasis is placed on the issue of non-compliance, its legal implications in the context of the international water law, and the way the latter harms the stability of the Treaty. Through a doctrinal approach to legal research, this paper combines the treaty law, case law, and the international principles of law to assess whether the IWT has indeed solved the problems of safeguarding the rights of Pakistan to water. Research results point to the necessity of procedural shifts, a higher level of enforcement, the strategy of climate adaptation, and improved monitoring by third parties. The study points out that the IWT is an essential template of trans boundary water governance. Still, its sustainability requires relevant parties to conform to the international adjudications and future policy formulations to meet the changing challenges. The research suggests intensifying the dispute settlement schema of the IWT, integrating climate change implications, and developing cooperative mechanisms to monitor water security, peace, and stability in South Asia in the long run.