Treaty Suspension and the Water Right: Legal Limits and Strategic Necessities

The suspension of international water treaties sits at the confluence of state sovereignty, legal obligations, and human rights, particularly the water right. International law acknowledges state sovereignty and the right to address emergent difficulties while also upholding treaty obligations and human rights. This chapter examines the intricate legal framework regulating the suspension or termination of water-sharing treaties during geopolitical conflicts, environmental emergencies, or strategic adjustments. It analyses the concepts articulated in the Vienna Convention on the Law of Treaties, 1969, emphasising sections concerning significant breaches, rebus sic stantibus, and national security exceptions. Further, according to international human rights law, specifically General Comment No. 15 of the UN Committee on Economic, Social, and Cultural Rights, the suspension of water treaties may infringe upon the rights of downstream communities to water on transboundary rivers. The chapter argues that India’s claim to rights over shared river waters, particularly in the context of ongoing cross-border conflicts or significant non-compliance by the other party, can be legally substantiated. India has demonstrated restraint and commitment to cooperative mechanisms under the Indus Waters Treaty, 1960 (IWT), notwithstanding continuous provocations and evolving hydrological and strategic circumstances. This chapter contends that India’s assertion of national security and ecological sustainability is within the acceptable limits of international law. The chapter endorses a pragmatic and legally robust strategy that emphasises India’s sovereignty and regional stability while safeguarding fundamental human rights through fair water management.