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" 305 RES-GESTAE OF THE INTERIM ORDER OF INTERNATIONAL COURT OF ARBITRATION IN KISHENGANGA CASE Justice (R) Ali Nawaz Chowhan, Formerly an International Judge of the United Nations at the Hague, presently: Co-Chairman of UNESCO Appeal (Judicial) Board Paris, France and Professor of International Law.   Published in: All Pakistan Legal Decisions Year of Publication: 2011 Suggested Citation: 2011 PLD Journal Section p.142 The matter relates to the Indus Water Treaty, 1960 which was signed at Murree on 19 September, 1960 by F.M. Ayub Khan and Prime Minister Nehru as a sequel to a document of intention which was signed on 4 May, 1948 by Mr. Nehru, and Mr. Ghulam Muhammad, the Governor-General, Pakistan. 2. Succinctly speaking Article 2 of the 1960 Treaty provides the unrestricted availability of the waters of the eastern rivers to India. The restrictive use is enumerated in the later sub-paragraphs of the Article (Cit. p.143) likewise Article 3 provides unrestricted availability of waters of western rivers to Pakistan while creating an obligation for India to let flow of the waters of these rivers without interference by India as mentioned in para.5 of the Annexure C to the Treaty. 3. The present cause of action has arisen because the parties failed to resolve the dispute concerning the Kishenganga Hydro Project (KHEP) pursuant to the terms of Article IX (4) of the said Treaty. The matter was taken for Arbitration. 4. Pakistan has postulated two issues for determination, these are: "(i) Whether India's proposed diversion of the river Kishenganga (Neelum) into another Tributary, i.e. the Bonar Madmati Nallah breaches India's legal obligations under the Treaty including India's obligations to let flow all the waters of the Western rivers and not permit any…