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International Law Rann of Kutch Arbitration Case India Pakistan borders Dispute Hesham Elrafei


Rann of Kutch dispute between India versus Pakistan, International Law Visualized The Rann of Kutch was a vast area on the borders of India and Pakistan, incapable of sustaining a permanent population. India and Pakistan disagreed where the boundary ran. Pakistan claimed that the northern part of the Rann had been part of the Province of Sind, which had become part of Pakistan in 1947. India asserted that the whole of the Rann had been subject to the sovereignty of Kutch, which became part of India in 1947. In 1965, India and Pakistan agreed to refer the dispute to arbitration. The tribunal had to determine the boundary line, which held in favor of Indian sovereignty over the Rann, save in respect of about 10% of the disputed territory awarded to Pakistan, where there was evidence of continuous and intensive activity Sind meeting with no effective Kutch opposition. The tribunal found that: First: there was no historically-accepted boundary for the whole region; Second: official acts of the British authorities in India tending to show that potential British territorial rights in respect of Sind had been relinquished did not conclusively prevent Pakistan, as successor to Sind, from successfully claiming the disputed territory. Third: the evaluation of evidence of sovereignty depended on the circumstances of time, place, and political system; Fourth: The evidence of the exercise of customs functions, police surveillance, and jurisdiction, of the attitude of the British authorities, and old maps were persuasive of Kutch sovereignty over the Rann, to justify a presumption in favor of India’s present sovereignty over the Rann, but was disputed in certain areas by evidence of a consistent exercise of sovereign rights and duties by Sind authorities, including their presence in circumstances which, given the nature of the region, came as close to peaceful occupation and display of government authority.

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