Evolving Role of World Bank Group as an ADR Facilitator in Indus WatersTreaty: Balancing the International Principle/Norm “Pacta Sunt Servanda’’and Water Scarcity Challenges

Authors

  • Muhammad Afaq Khan Associate Lawyer, Ministry of Law & Justice, Pakistan. Author

DOI:

https://doi.org/10.70540/

Keywords:

Pacta Sunt Servanda, international norms/principles, Indus Waters Treaty, Water Diplomacy, Climate Change Adaptation, Transboundary Water Governance, International Arbitration, Legal Flexibility

Abstract

Agreement must be kept/ treaty must be followed is a famous international law principle Pacta Sunt Servanda, this principle honors and upholds the treaties and agreements between different states. This research explores the application of this principle in the context of the Indus Waters Treaty between the two rival countries Pakistan and India. Moreover, this research probes into the historical and legal enactment of Pacta Sunt Servanda exploring its role in maintaining international stability and legal order. By detail examination of landmark cases and legal statutes, this research highlights how principle has been upheld in various legal contexts. Concentrating on the Indus Water Treaty, the research reports the challenges posed by altering socio-economic, environmental, and geopolitical circumstances. It detects the prerequisites for flexibility within the framework of Pacta Sunt Servanda to adapt to evolving circumstances while preserving the integrity of International treaties. The study recommends for policymakers, including the establishment of continuous review mechanisms, encouraging procedures for dispute resolution, the process for evaluation and consulting international communities, collaboration beyond the border, adoption of water management techniques, supervisory mechanisms, and conflict prevention methods. This research aims to provide a comprehensive understanding of the procedure of how international agreements can remain vigorous and relevant in a dynamic global environment by balancing strict adherence with the necessity for flexibility. Brief findings of the research stress the importance of securing the principle Pacta Sunt Servanda while obliging reasonable exceptions to ensure the effectiveness and sustainability of treaties like the Indus Water Treaty. 

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Published

2025-03-29