Reichsmarschall
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No British-India, no validation for any treaty; Loy Afghanistan should have been established right after Britons left the region.
I think the news reached Afghanistan in 1979 that British have indeed left.
No, keep reading you will find out.
why dont you invade us and take back your land?No British-India, no validation for any treaty; Loy Afghanistan should have been established right after Britons left the region.
@Narendra Trump Thanks for tagging me. We must keep in mind that every border in South Asia was drawn by either foreign British or Russian officials without taking any leave from us the "natives". This applies as forcefully to the northern border of Afghanistan which was drawn around the same time Durand Line went up. It was as artificial as Durand. It divided Tajiks, Uzbeks and Turkmen into the Russian Empire as brutally as it divided the Pashtuns and to a degree Baloch into the British Empire.
Radcliffe Line that divides India and Pakistan was the only line in South Asia that recieved input by the locals. All rest were drawn on the fancy of British/Russian empire officials. So if you question the validity of Durand Line - something of course that attrracts Indian attention remind them of the Anglo-Russian border Line and more closer to the Indians the Johnson Line or McMahon Lines with China. Those lines divide Tibetan people in half. So of Durand can be questioned China ought to question the McMahon or Johnson lines on the same grounds. Ditto Tajikistan with Afghanistan. Please do read more how Anglo-Russian line was drawn.
http://www.iranicaonline.org/articles/boundaries-iii
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These lines are not just found in south Asia. They are also found in the Americas and Africa which in most cases are ruler straight lines. It doesn't get more artificial than that yet it is something recognized by all states and this recognition by being a signatory of the UN which Afghanistan is.
In fact there are two types of borders recognized.
Natural borders which are seas. Mountains e.t.c
And
Artificial borders or manmade borders. These borders are man made and they are most common and have been formed through wars or treaties and they have been formed since the dawn of civilization. In modern world man made borders dominate the countries where countries agree that these areas are under our sovereignity and these are under yours. With that we place the foolish argument of artificiality to rest.
Second comes the British India and Afghanistan argument. The treaty was validated by both sides and since nobody abrigated or called for its cessation in a three year period the treaty becomes complete in force and treaties gentlemen are the primary and first source of international law I.e
Article 38 of the ICJ
The court. Whose function is to decide in accordance with international law such disputes as are submitted to it shall apply
a. International conventions, whether general or particular, establishing rules expressly recognized by the contesting states.
With that also one cannot unilaterally abrogate a treaty and Afghanistan has not unless the termination process has been provided and the termination is in accordance to the provided process and since nobody abrogated it in three years hence forth the treaty is solid and in full force.
Now the argument that it was made with British India and not pakistan is also rubbish.
The concept of successor states come to terms and pakistan is the successor state of British India bcz British carved these two states and handed down its power to these states making them the classic example of successor states.
Professor openhiem places it " a succession of international person ( state) occurs when one or two more international person take place of another international person in consequence of certain changes in the latter's condition."
The areas of pakistan, India came to be with the change of govt brought by the British as they gave their withheld power to the nascent States and awarded them the international personality derived from the previous international personaility.
In this way pakistan inherited the treaty of Rawalpindi as a successor state.
Article 2 of Vienna convention " succession of state is the replacement of one state by another in the responsibility of international relation of territory"
According to brownlie " state succession arises when there is definite replacement of one state by another in respect of sovereignty over a giver territory in confirming with international law".
And the shortest that the British itself told the afghan govt that Pakistan was its successor state and British were far more in tune with international law than Afghanistan ever was.
Now if Afghans say international law is not for us they wilfully voilate the UN laws, state recognition and its cohesion with other international states.
There is a reason that Afghanistan has never taken this to ICJ or even in the UN. Bcz they know they have no grounds and will lose. So they make speeches for domestic consumption of loy Afghanistan and how locals can decide alone. The border is iron. There is no other argument.
Thus this entire discussion is useless.
Thanks for tagging me.....
Afghans and their Indian supporters allege that Pakistan is a artifical country of composite ethnic groups. That is then used to build up the case that it ought to be broken into it's constituent ethnic parts. But that is equally valid to India and Afghanistan.