Diplomatic Relations and Territorial Disputes in International Law: The Case of Afghanistan and Pakistan Author: Dr. Najibullah Anwar

The issue of diplomatic relations between states that have unresolved territorial or border disputes is well recognized in international law. The case of Afghanistan’s relations with Pakistan is an important example.

After the creation of Pakistan in 1947, Afghanistan initially refused to recognize Pakistan. Later, however, Afghanistan formally recognized Pakistan and established diplomatic relations with it, including an embassy in Islamabad and a consulate in Peshawar.

Some political analysts and politicians argue that by establishing an embassy and consulate on the other side of the Durand Line, Afghanistan implicitly recognized the Durand Line as an international border. However, this interpretation is disputed in international law and political science.

International law distinguishes between de facto relations and de jurerecognition. States may establish diplomatic or practical relations with one another even while territorial claims, border disputes, or political disagreements remain unresolved. Therefore, the establishment of diplomatic relations does not automatically constitute recognition of a disputed boundary or a final settlement of territorial claims.

Afghanistan’s diplomatic relations with Pakistan did not necessarily mean that Afghanistan recognized the Durand Line as a permanent international border. Diplomatic engagement can exist independently from territorial acceptance.

Comparable examples can be found in other parts of the world. The People’s Republic of China and India maintain embassies and diplomatic relations despite continuing territorial disputes along their border. Similarly, many countries maintain diplomatic relations with North Korea despite political tensions and security disputes.

Another important example is post-Second World War East Germany and West Germany. Before fully recognizing each other as separate states, both maintained permanent representative offices that enjoyed privileges and immunities similar to embassies. This demonstrated that practical diplomatic arrangements can exist without full political or territorial recognition.

The Vienna Convention on Diplomatic Relations, particularly Article 2, provides that states may establish diplomatic relations and permanent diplomatic missions by mutual consent. The Convention does not require the prior resolution of territorial or boundary disputes. Therefore, the opening of embassies or consulates should not automatically be interpreted as recognition of disputed borders or as a final settlement of territorial conflicts.

In conclusion, under international law, the establishment of diplomatic relations between Afghanistan and Pakistan did not necessarily imply Afghan recognition of the Durand Line as an internationally accepted border. Diplomatic relations and territorial recognition are separate legal and political questions.