PEOPLE'S REPUBLIC OF CHINA-PAKISTAN AGREEMENT ON THE BOUNDARY BETWEEN CHINA'S SINKIANG AND THE CONTIGUOUS AREAS

Source: The American journal of International Law, Vol. 57, No. 3 (Jul., 1963), pp. 713-716 Published by: American Society of International Law

Stable URL: http://www.jstor.org/stable/2196119

Accessed: 06/08/2009 18:34

The red line shows the agreed-upon boundary delineation between Wakhan and the Karakoram Pass as in the outcome of the 1963 bilateral Boundary Agreement

The section given here shows the border alignment east and west of Khunjerab Pass. In the west, the former trade route runs from Hunza via the Kilik and Mintaka Passes towards the Kara Chukur Valley and Tashkurgan. From its western extension to the Oprang Jilga the boundary alignment follows the mountain crest route, while in the eastern section the Oprang and Muztagh Rivers represent the border line.

The riparian boundary is due to the agreement that the Shimshal shepherds were to regain access to their winter pastures north of the subcontinental watershed, which they approached from the Shimshal Pass; see map in Hermann Kreutzmann (2015a: 481) showing the area in question. Source: Survey of Pakistan (1966) 

The Sino-Pakistan Border Agreement triggered the construction of the Karakoram Highway. In order to keep away from controversial international boundaries the hitherto less important Khunjerab Pass (4,655 m) was selected as the crossing-point for connecting both countries with a trans-mountain passage. Snowfall is affecting travel conditions during winters.

PEOPLE'S REPUBLIC OF CHINA-PAKISTAN

AGREEMENT ON THE BOUNDARY BETWEEN CHINA'S SINKIANG AND THE CONTIGUOUS AREAS ¹

Signed at Peking March 2, 1963; in force March 2, 1963

The Government of the People's Republic of China and the Government of Pakistan,

Having agreed, with a view to ensuring the prevailing peace and tran­quillity on the border, to formally delimit and demarcate the boundary between China's Sinkiang and the contiguous areas, the defense of which is under the actual control of Pakistan, in a spirit of fairness, reasonableness, mutual understanding and mutual accommodation, and on the basis of Ten Principles as enunciated in the Bandung Conference;

Being convinced that this would not only give full expression to the de­sire of the peoples of China and Pakistan for developing good neighborly and friendly relations, but also help safeguard Asian and world peace;

Have resolved for this purpose to conclude the present Agreement and appointed as their respective plenipotentiaries, the following:

Marshal Chen Yi, Minister for Foreign Affairs, for the Government of the People's Republic of China,

Zulfikar Ali Bhutto, Minister of External Affairs, for the Government of Pakistan,

who, having mutually examined their full powers, found them to be in good and due form, have agreed upon the following:

ARTICLE ONE

In view of the fact that the boundary between China's Sinkiang and the contiguous areas, the defense of which is under the actual control of Pakistan, has never been formally delimited, the two Parties agree to de­limit it on the basis of the traditional customary boundary line, including natural features, and in a spirit of equality, mutual benefit, and friendly cooperation.

ARTICLE Two

I. In accordance with the principle expounded in Article One of the present Agreement, the two Parties have fixed, as follows, the alignment of the entire boundary line between China's Sinkiang and the contiguous areas, the defense of which is under the actual control of Pakistan.

(1) Commencing from its northwestern extremity at Height 5630 meters (a peak, the reference co-ordinates of which are approximately Longitude 74° 34' E and Latitude 37° 03' N), the boundary line runs generally east­ward and then southeastward along the main watershed between the tribu­taries of the Tashkurgan River of the Tarim River system on the one hand and the tributaries of the Hunza River of the Indus River system on the other hand, passing through the Kilik Daban (Dawan), the Mintaka Daban (Pass), the Kharchanai Daban (named on the Chinese map only), the Kutejilga Daban (named on the Chinese map only), and the Parpik Pass (named on the Pakistan map only), and reaches the Khunjerab (Yutr) Daban (Pass).

(2) After passing through the Khunjerab (Yutr) Daban (Pass), the boundary line runs generally southward along the above mentioned main watershed up to a mountain top south of the Daban (Pass), where it leaves the main watershed to follow the crest of a spur lying generally in a south­easterly direction, which is the watershed between the Akjilga River (a nameless corresponding river on the Pakistan map on the one hand, and the Taghdumbash (Oprang River) and the Keliman Su (Oprang Jilga) on the other hand. According to the map of the Chinese side, the boundary line, after leaving the southeastern extremity of this spur, runs along a small section of the middle line of the bed of the Keliman Su to reach its confluence with the Kelechin River. According to the map of the Pakistan side, the boundary line, after leaving the southeastern extremity of this spur, reaches the sharp bend of the Shakagam or Muztagh River.

(3) From the aforesaid point, the boundary line runs up the Kelechin River (Shakagam or Muztagh River) along the middle line of its bed to its confluence (reference co-ordinates approximately Longitude 76° 02' E and Latitude 36° 26' N) with the Sorbulak Daria (Shimshal River or Braldu River).

Shimshal was affected by an unclear border delineation between China and Pakistan; as long as the international boundary was not drawn in a mutually acceptable way, a number of territorial disputes occurred. Only after the Pak-China Boundary agreement of 1963 was the shaded area returned to

Shimshal, guaranteeing people’s access to their inherited pastures. Source: The representation is based on Hermann Kreutzmann (2015a: 481).

(4) From the confluence of the aforesaid two rivers, the boundary line, according to the map of the Chinese side, ascends the crest of a spur and runs along it to join the Karakoram Range main watershed at a mountain­top (reference co-ordinates approximately Longitude 75° 54' E and Lati­tude 36° 15'N), which on this map is shown as belonging to the Shorbulak Mountain. According to the map of the Pakistan side, the boundary line from the confluence of the above mentioned two rivers ascends the crest of a corresponding spur and runs along it, passing through Height 6520 meters (21,390 feet) till it joins the Karakoram Range main watershed at a peak (reference co-ordinates approximately Longitude 75° 57' E and Latitude 36° 03' N).

(5) Thence, the boundary line, running generally southward and then eastward, strictly follows the Karakoram Range main watershed which separates the Tarim River drainage system from the Indus River drainage system, passing through the East Mustagh Pass (Muztagh Pass, the top of the Chogri Peak (K2), the top of the Broad Peak, the top of the Gasher­brum Mountain (8068) Indirakoli Pass (named on the Chinese map only) and the top of the Teram Kangri Peak, and reaches its southeastern ex­tremity at the Karakoram Pass.

II. The alignment of the entire boundary line, as described in Section I of this Article, has been drawn on the 1/one million scale map of the Chinese side in Chinese and the 1/one million scale map of the Pakistan side in English, which are signed and attached to the present Agreement.*

III. In view of the fact that the maps of the two sides are not fully identical in their representation of topographical features, the two Parties have agreed that the actual features on the ground shall prevail, so far as the location and alignment of the boundary described in Section I is concerned; and that they will be determined as far as possible by joint survey on the ground.

ARTICLE THREE

The two Parties have agreed that

I. Wherever the boundary follows a river, the middle line of the river bed shall be the boundary line ; and that

II. Wherever the boundary passes through Daban (Pass), the water­parting line thereof shall be the boundary line.

ARTICLE FOUR

I. The two Parties have agreed to set up, as soon as possible, a Joint Boundary Demarcation Commission. Each side will appoint a Chairman, one or more members and a certain number of Advisers and technical staff. The Joint Boundary Commission is charged with the responsibility, in accordance with the provisions of the present Agreement, to hold concrete discussions on and carry out the following tasks jointly

(1) To conduct necessary surveys of the boundary area on the ground, as stated in Article Two of the present Agreement, so as to set up boundary markers at places considered to be appropriate by the two Parties and to delineate the boundary line on the jointly prepared accurate maps.

(2) To draft a Protocol setting forth in detail the alignment of the entire boundary line and location of all the boundary markers and prepare and get printed detailed maps to be attached to the Protocol with the boundary line and the location of the boundary markers shown on them.

II. The aforesaid Protocol, upon being signed by the representatives of the Governments of the two countries, shall become an Annex to the present Agreement, and the detailed maps shall replace the Attached Maps to the present Agreement.

III. Upon the conclusion of the above-mentioned Protocol, the tasks of the Joint Commission shall be terminated.

ARTICLE FIVE

The two Parties have agreed that any dispute concerning the boundary which may arise after the delimitation of the boundary line actually ex­isting between the two countries shall be settled peacefully by the two sides through friendly consultations.

ARTICLE Six 

The two Parties have agreed that after the settlement of the Kashmir dispute between Pakistan and India, the sovereign authority concerned will re-open negotiations with the Government of the People's Republic of China, on the boundary, as described in Article Two of the present Agree­ment, of Kashmir, so as to sign a Boundary Treaty to replace the present Agreement.

Provided that in the event of that sovereign authority being Pakistan, the provisions of this Agreement and of the aforesaid Protocol shall be maintained in the formal Boundary Treaty to be signed between Pakistan and the People's Republic of China.

ARTICLE SEVEN 

The Present Agreement shall enter into force on the date of its signature.

Done in duplicate in Peking on the second day of March 1963, in the Chinese and English language, both texts being equally authentic.

[Signatures omitted.]