ISLAMABAD: The World Bank has asked Pakistan to stand down from pursuingits stand of referring the Kishanganga Dam to the International Court ofArbitration (ICA) and instead accept India’s offer of appointing a “neutralexpert”.
In a fresh communication last week, World Bank president Jim Yong Kimadvised the government to withdraw from its stand of taking the matter tothe ICA for which the bank had on Nov 10, 2016 even picked a US chiefjustice, the rector of Imperial College, London, and the WB president forappointing chairman of the court to resolve the dispute over the dam.
Pakistan considers the construction of the Kishanganga dam in India-heldKashmir over the waters flowing into the western rivers a violation of theIndus Waters Treaty 1960 since it will not only alter the course of theriver but also deplete the water level of the rivers that flow intoPakistan. Thus the dispute should be referred to the international court ofarbitration.
On the other hand, India describes the issue as differences between it andPakistan over the design of the dam and, therefore, it should be addressedby some neutral experts.
Pakistan believed that acceding to India’s proposal of referring thedispute to neutral experts or withdrawing from its stand would mean closingthe doors of arbitration and surrendering its right of raising disputesbefore international courts. “It will become a precedent and every time adispute emerges between Pakistan and India, the latter will always opt fordispute resolution through neutral experts,” he said.
In Dec 12, 2016, the WB president had informed Pakistan through a letter tothen finance minister Ishaq Dar that he had decided to “pause” the processof appointing the ICA chairman as well as the neutral expert.