Thanks for the link which only buttresses my point regarding the Afghan claim on KPK.
From the article,
It is provided in Article 11 of the Convention on Succession of States in respect of Treaties 1978 that a succession of states does not as such affect a boundary established by a treaty, or obligations and rights established by a treaty and relating to the regime of a boundary. Also, Article 62 of the Vienna Convention on the Law of Treaties (1969) excepts a boundary treaty from the operation of the rule of rebus sic-stantibus (fundamental change in circumstances).
Furthermore, Article 62 of the Convention on the Law of Treaties between States and International Organisations (1986) provides likewise that a fundamental change of circumstances may not be invoked, as a ground for terminating or withdrawing from a treaty between two or more states and one or more international organisations, if the treaty establishes a boundary.
This is what I'm telling about. Pakistan's claim on KPK is based on it's view that both India and Pakistan are sucessor states of British India and hence a treaty negotiated by British India would hold good for both these states. That view itself is fundamentally wrong as I proved in earlier posts about India being the sole legal sucessor to British India and Pakistan requiring to re-negotiate the treaties that British India signed with other sovereign states.
What you established before was :
1. Membership of all international organizations together with the rights and obligations attaching to such membership will devolve solely upon the Dominion of India
2. The Dominion of Pakistan will take such steps as may be necessary to apply for membership of such international organisations as it chooses to join. (25)
A treaty is not the same as membership of an International Organization. Furthermore, as you rightly pointed out, Article 62 of the Convention on the Law of Treaties between States and International Organisations (1986) provides likewise that a fundamental change of circumstances may not be invoked, as a ground for terminating or withdrawing from a treaty between two or more states and one or more international organisations, if the treaty establishes a boundary.
Additionally treaties are not revoked unilaterally but before an International Tribunal - the International Court of Justice; Afghanistan has yet to take Pakistan to the ICJ to further its stand.
One might even consider asking British India why it agreed for a referendum in NWFP considering the the legal position that Pakistan would find herself in after the Partitioning of India. Does it not, also, follow that by agreeing to a fundamental change in NWFP, a referendum on joining its partitioned territory, British India in fact endorsed the devolution of her legal rights & obligations as per the Treaty to Pakistan.
And yes I'm still waiting for the 99 year lease clause !
That is from
Sardar Patel's correspondence, 1945-50, 1 edition. Unfortunately there no e-book of that available on net, that I could find. But if you can trust A.G.Noorani, noted lawyer and historian, read the first lines of this
link.
+ Why its omitted in Pakistani books, I can understand
So its essentially wholly unsubstantiated ! I've read Mr. Norrani's article but it borrows from the same Patel's Papers that in them self provide as much evidence to substantiate what did or did not happen as the evidentiary basis of forming an opinion on Kargil whilst pitting Musharaf's book against Nawaz Sharif's.
Surely if an offer was made it would be in some sort of documentary form like such was the case in all past offers.
Cargo flights between Karachi and Hyderabad carrying weapons.
And Martians landing in their flying saucers; koiii tou evidence ho gaaa ? Anything pictorial, any captured Pakistani soldiers, any intercepted cargo flights....anything ?