India got a major boost in its stand over Kishenganga and Ratle hydropower projects in Jammu and Kashmir in the recently appointed Neutral expert by the World Bank. These projects have violated the Indus Waters Treaty, according to an objection raised by Pakistan. Nevertheless, a neutral expert, Michel Lino, who is simultaneously the president of the International Commission of Large Dams (ICOLD), on Monday stated that he is competent to give the parties a decision on the subject.
Pakistan, for the first time, sought an appointment of a neutral expert in 2015 to redress its concerns but, in 2016, changed its stance and unilaterally required the constitution of a court of arbitration. India demurred this bifurcated system, arguing that both processes could not work parallel under the treaty. Some of these cases include India’s contact with the neutral expert, but the country has not been involved in the proceeding of the PCA in Hague as it has a procedural issue.
In his release from Vienna, Lino made it clear that he is entitled to interpret and rule on the merits of the Points of Difference between India and Pakistan relating to the hydropower projects. He further added that he will announce the outcome of his decision after the two sides presented their case.
Similar to other, more long-standing conflicts, this is regarded as a recognition of India’s stand. This, it can be said, is a blow to Pakistan and a boost to India’s stand of asserting that the projects being undertaken by it are legal in accordance with the provisions of the IWT. “It is essentially a defeat for Pakistan,” said a source familiar with the case but who requested anonymity.
The two projects including Kishenganga and Ratle, are indispensable for the Indian energy scenario, and this decision is a welcome step in resolving the matter under treaty-approved provisions.
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