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 18:34PEOPLE'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:
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.
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).
(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.
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.
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.
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.
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.
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.