When it comes to Pakistan’s foreign policy relations, decisions made by the government are a day-to-day occurrence. However, when it comes to making important, strategic, and long-term choices, such as whether to move closer to the US or China, parliament must take the lead. This is because parliament represents the collective will of the people.
It is important that these decisions are made with caution, taking into account Pakistan’s commitments under international law and its bilateral or multilateral frameworks. Ignoring these obligations can have irreversible consequences.
From a purely legal standpoint, Pakistan’s foreign policy option to choose one state over the other is non-existent. This is due to Pakistan’s engagement in bilateral treaties with both the US and China. As a result, it is imperative for Pakistan to continue its engagement with both countries.
For instance, the Ministry of Foreign Affairs published the Pakistan Treaty Series, documenting all the bilateral treaties that Pakistan has entered into with the US as of 2009. These treaties amount to at least 48, highlighting the importance of Pakistan’s relationship with the US.
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While it is essential to maintain relationships with both countries, it is also imperative to consider the potential consequences of Pakistan’s actions. Moving closer to one country may result in the alienation of the other. This is why parliament must carefully evaluate the potential risks and benefits of each relationship before making a decision.
Moreover, parliament must ensure that any decision made is in line with the collective will of the people. The voices of the poor and marginalized must also be taken into account, as they are the ones who will bear the brunt of any negative consequences.
In recent years, China has emerged as an important economic partner for Pakistan. The China-Pakistan Economic Corridor (CPEC) is a significant example of the growing economic ties between the two countries. However, this does not mean that Pakistan should ignore its relationship with the US.
The US is an important strategic partner for Pakistan, particularly in the areas of security and defense. The US has provided Pakistan with military and economic aid over the years, and has played a key role in ensuring stability in the region.
However, the US-Pakistan relationship has not been without its challenges. The US has accused Pakistan of harboring terrorists and not doing enough to combat extremism. This has led to a strained relationship between the two countries.
From 1950 onward, Pakistan has entered into a multitude of treaties and agreements with various countries. These agreements cover a wide range of topics such as technical cooperation, economic assistance, agricultural commodities, investment guarantees, civilian atomic energy, tribal area development, project agreements, balance-of-payment support, and mutual assistance agreements.
Moreover, Pakistan has agreements with China, the US, and other countries on defense, economic, and commercial cooperation. There are also several unpublished agreements between the US and Pakistan since 2009. Some of these agreements are public, while others are only available in the records of the respective foreign ministries.
Legally, Pakistan is obligated to continue engaging with both the US and China. Through the Pakistan Treaty Series, it is evident that Pakistan and China have 145 bilateral agreements – three times more than Pakistan has with the US. These agreements cover trade, boundary demarcation, air transport, economic and technical cooperation, maritime transport, investment protection, road construction machinery, and more.
China has also signed agreements with provinces such as Punjab and with countries like Kyrgyzstan and Kazakhstan on transit traffic. They have agreements on aircraft development, oil pipeline facilitation, tourism, railways, financing for Gwadar, mining, locomotives, signalling systems, preferential buyers’ credit, and the export of mangoes, goats, sheep, and rice. There are also agreements on friendship and cooperation, free trade, defense, energy, the Karakoram Highway, space sciences, sports, and a ‘friendship province.’
Some of the public agreements signed after 2009 include collaboration on radio and media, upgradation of the Karakoram Highway on a concessional loan, a memorandum of understanding on the Silk Road economic belt, and agreements on marine research cooperation, the Rashakai economic zone, product standardization, prevention of theft and clandestine excavation of cultural property, Nadra’s memorandum of understanding with its Chinese counterpart, and a framework agreement for industrial cooperation.
Additionally, there are several lesser-known agreements between Pakistani companies and Chinese entities that are privately held.
The difference between Pakistan’s relationship with the US and China is stark. The US-Pakistan relationship has mostly been based on administrative or informally agreed executive arrangements, whereas China prefers a formal legal course. China incorporates their executive or political understanding into executable binding legal commitments that last longer than the life of a single government or political leader. This is a more secure way of managing foreign policy, as evident from the treaties entered into by the two countries since the 1950s.
Despite the absence of treaties, US companies are welcome to invest in Pakistan. Pakistan has not obstructed any investments from the American business community. The country has upgraded its criminal justice system and border controls and has revised federal, provincial, and regulatory laws according to the advice of US law enforcement experts in the FATF.
Pakistan’s relationship with the US has been complicated over the past few decades, and it has had its share of highs and lows. The cooperation between the two countries has mostly been to combat terrorism in the Afghanistan theater of war. Despite this, Pakistan has remained aligned with the US on its legal stance on terrorism, and it is bound by the principle of pacta sunt servanda under the Vienna Convention on the Law of Treaties, which obligates countries to keep agreements entered into. This means that Pakistan is legally bound to continue engaging with both the US and China, as it has entered into many agreements with both countries since the 1950s.
While Pakistan has fewer bilateral treaties with the US, the ones it has are extensive. The country has cooperated with the US in the fight against terrorism, which has helped to improve the relationship between the two countries. However, the US-Pakistan relationship has not always been smooth, and there have been instances where the two countries have had differences.
On the other hand, Pakistan’s relationship with China is strong, and the two countries have a deep strategic partnership. China prefers a formal legal course in managing its foreign policy, and it has entered into various agreements with Pakistan. The China-Pakistan Economic Corridor (CPEC) is one such example, which is a multi-billion dollar project aimed at improving infrastructure in Pakistan. China’s Belt and Road Initiative (BRI) also includes Pakistan, which has helped to further cement the relationship between the two countries.
In recent years, Pakistan has made efforts to improve its legal system to attract foreign investment. US companies are welcome to invest in Pakistan, and the country has been making strides in this regard. However, there is still work to be done to create a more conducive environment for foreign investment.
In conclusion, Pakistan’s relationships with both the US and China are complex and multifaceted. While the country has had its challenges with the US, it remains legally bound to continue engaging with the country. On the other hand, its relationship with China is strong, and the two countries have a deep strategic partnership. Pakistan has made efforts to improve its legal system to attract foreign investment, and US companies are welcome to invest in the country.
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