PARTLY FACETIOUS: A Treaty is not an MoU

“So what’s a treaty?”

“A treaty is a binding formal agreement, contract, or any other written instrument that establishes obligations between two or more subjects of international law.”

“I don’t understand.”

“Let me explain in words that you can understand. A treaty is not a memorandum of understanding, which is non-binding even though it is carefully written out. It is a binding contract.”

“OK, so another question was the Joint Comprehensive Plan of Action (JCPOA) commonly referred as the Iran nuclear deal with the five permanent security council members — US, UK, France, China, and Russia — plus Germany and the European Union and of course Iran that took effect on 20 January 2016 a treaty or not.”

“It was written, so I guess by definition it was a treaty and yes I am aware that the US unilaterally withdrew from that written agreement in 2018 and no there were no repercussions. But India is not the US.”

“OK so if I recall correctly the Indians began constructing Baghlihar and Kishanganga which were violative of the Indus Water Treaty in 1999.”

“Yes Pakistan objected to the design of the project correctly arguing that the two dams violated the IWT and pointed out that the two dams were not required for feasible power generation but enabled the Indian government to block or accelerate the flow of water to Pakistan that would give India a strategic leverage in times of political tension or war.”

“Right and the two countries held several rounds of talks on the design with no success, but our failing was that we did not go to the World Bank till 2005 – six years after the Indians began construction – and the Bank took another three months to appoint a neutral arbiter, and he gave his final verdict on 12 February 2007.”

“Right, and the verdict took account of the fact that there was no reversing construction…”

“Technically it allowed Pakistan’s minor objections – reducing the pondage by 13.5 percent, the height by 1.3 metres and raising power intake tunnels by 3 metres which limited flow control capabilities, but yes rejected our major objections…”

“Right so, can the people please request the administration to take the issue to the World Bank immediately, which will appoint a neutral expert instead of sitting on their butts waiting for India to come to the negotiating table…”

“Hey, give our cabinet platoon some time to rattle their sabres – I mean the constant reference to Form 47 by the team led by The Man Who Must Remain Nameless and Faceless…”

“Hey, can a leopard change its spots?”

“I give up.”

Copyright Business Recorder, 2025