Abstract:
The research intends to evaluate inadequacies of Afghan Transit Trade (ATTA)
in general and Afghanistan Pakistan Transit Trade (PTTA) in particular to ascertain
opportunities & challenges to formulate legal resolve for reciprocal Pakistan trade with
CASs across Afghanistan. The trade with Afghanistan is imperative for Pakistan due to
Pakistan’s strategic and geographical key position in the region and Afghanistan
immediate neighbor as gateway to CASs. Unfortunately, due to dubious regional
politics, economic uncertainty, Durand line issues, Indian hegemonic influence and US
interference, diplomatic relations remained poor since 1961. In 1965 both the countries
entered into a trade agreement (ATTA), promoting Afghan trade granting access to the
sea ports of Pakistan under international convention. Pakistan also desired to extend
trade to the CASs but Soviet-Afghan War adversely affected Afghan’s economy, geopolitics in 1980s, the post 9/11 and NATO supplies further worsened the situation. In
July 2010, under supervision of US Secretary Hillary Clinton transit trade pact of 1965 was
revised as APTTA, signed in October 2010. Afghan trucks were allowed inside Pakistan
up to Wagah border. Pakistan was permitted access through Afghanistan to Iran via
Islam Qila & Zaranj, Uzbekistan via Haraitn, Tajikistan via Ali Khanum/Sher Khan,
Turkmenistan via Aqina and Torghandi crossings. Pakistani goods were to enter
Afghanistan via Torkham, Ghulam Khan & Chaman border crossings1 but that never
flourished owing to border exigencies, increased smuggling/ terrorist activities.
Correspondingly, Afghanistan did not extend reciprocal trade rights to Pakistan. On 23
October 2017 the Afghanistan President Ashraf Ghani unilaterally announced
expiration of APTTA2: thus it unlocks the door to necessitate sorting inadequacies in
vogue with suggested remedial measures and proposed legal structure to afforded
reciprocal trade openings for Pakistan.
