Assessing India’s Unilateral Suspension of the Indus Waters Treaty: An Appraisal under the Law of Treaties, State Responsibility, and International Water Law

Abstract

This article critically analyzes the unilateral suspension of the Indus Waters Treaty (IWT) by India in April 2025 as a landmark agreement that governs water-sharing between India and Pakistan since 1960. It discusses whether the decision of India to place the Treaty in abeyance can be justified under international law, focusing on the Vienna Convention on the Law of Treaties (VCLT), the Articles on State Responsibility (ARSIWA) of the International Law Commission, and principles of international water law. This analysis proves that the action of India contravenes the mutual-consent clause in Article XII of the IWT and does not meet legal requirements of suspension based on doctrines of material breach, fundamental change of circumstances, or necessity. Relying on the jurisprudence, including the Gabčikovo Nagymaros Project case, and stressing the humanitarian and environmental character of river treaties, this article argues that the move by India undermines the stability of treaties and sets a worrying precedent of transboundary river management.