The international law and the Durand line

Territorial leasing and acquisition are concepts within international law that involves the transfer, temporary or permanent,control or ownership of a specific territory from one sovereign state to another.

These arrangements are typically based on agreements and treaties between the involved parties.

- territorial leasing refers to temporary transfer of control or use of a specific territory from one state to another based on a mutual agreement. The agreement is often time limited and may most involve payment or compensation. The leasing state (lessee) gains certain right and privileges over the leased territory for agreement upon period. The lessor retains sovereignty over the territory but temporarily cedes some aspects of control.

Examples: Guantanamo Bay Naval Base in Cuba is an example of territorial leasing. The USA leased this area since 1903 for Naval operations, and the arrangement has been a source of diplomatic tension. Other example is Hong Kong.

Territorial leasing are rare occurrence in modern international law. Today, Turkey also has similar agreements with countries in South America and Africa for agricultural purposes.

- territorial acquisition involves the permanent transfer of control, ownership, or sovereignty of a specific territory from one state to another. Characteristics of this transfer typically achieved through a treaty or agreement between the involved countries. The acquiring state (purchasers) gains full sovereignty and control over the acquired territory and may involves financial compensation and other considerations. Examples: the purchase of Louisiana from France by the USA in 1803 and the acquisition of Alaska from Russia in 1867.

Territorial acquisition is also rare occurrence in modern international relations.

The Durand line agreement was also made based on territorial lease which was involved with payment, military and economic help. Normally marking bordering between two states does not involve payment or other considerations.

When Abdurrahman Khan died his son Habibullah khan was asked to recognize the agreement if the arrangement was a permanent border and so the other successors were asked . The northern and western border this issue never came in question pacta sunt servanta. It will be questioned why the Afghan never asked about Panj DAE in northern border because this territory was not as leased when the agreement as border agreement made in 1885 and no payment or other considerations involved.