Sailing Through Legal Tides: Afghanistan's Sea Access Conundrum

Jaydeep Findoria, Gujarat National Law University

Primitive Note

Throughout the annals of time, the allure of maritime trade has remained unmistakable. The economic advantages of sea transport, with its comparatively lower costs, have perennially outshone alternative modes like air and land routes. This maritime advantage has historically bestowed prosperity upon nations blessed with coastlines, leaving landlocked territories at a comparative disadvantage. As the wheels of International Law turned, the need for landlocked states to secure sea access emerged as a critical issue. The inception of the United Nations (UN) heralded a new era, thrusting this issue into the limelight of global discourse. International forums became the battleground for discussions and resolutions aimed at addressing the plight of landlocked nations. Presently, the world counts 44 internationally recognized landlocked states and alongside four others holding partial recognition. Among these, Afghanistan stands as a notable example, grappling with the absence of direct maritime connectivity.

Afghanistan’s Caveat

Throughout its existence, Afghanistan has remained ensconced within its landlocked borders, relying heavily on its neighboring nations to navigate the waters of international trade. Historically, the nation's economic lifelines have traversed the ancient trade routes of Persia and India, serving as indispensable conduits for commerce. In the 20th century, following the resolution of the Second Anglo-Afghan War, the British Empire and the Afghan government inked a transit agreement, affording Afghanistan the liberty to engage in trade through British India while enjoying the benefits of duty-free imports. However, the partition of India in 1947 and the subsequent emergence of Pakistan dismantled this agreement, leaving Afghanistan bereft of a formalized sea access arrangement. Despite the passage of time, the absence of a new accord between Afghanistan and Pakistan persisted, until a bilateral transit agreement was belatedly sealed in 1965. Although this pact ostensibly granted sea access to Afghanistan through Pakistan, it remained outside the realm of international law.