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Historical Title, Self-Determination and the Kashmir Question: Changing Perspectives in International Law

Historical Title, Self-Determination and the Kashmir Question: Changing Perspectives in International Law

Author: Fozia Nazir Lone
Publisher: Brill Nijhoff
ISBN: 9789004316911
Published In: May 2018
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

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In Historical Title, Self-Determination and the Kashmir Question Fozia Nazir Lone offers a critical re-examination of the Kashmir question. Through an interdisciplinary approach and international law perspective, she analyses political practices and the substantive international law on the restoration of historical title and self-determination.

The book analytically examines whether Kashmir was a State at any point in history; the effect of the 1947 occupation by India/Pakistan; the international law implications of the constitutional incorporation of this territory and the ongoing human rights violations; whether Kashmiris are entitled to restore their historical title through the exercise of self-determination; and whether the Kashmir question could be resolved with the formation of international strategic alliance to curb danger of spreading terrorism in Kashmir.

Foreword

Acknowledgements

List of Abbreviations

Table of Cases

Table of Treaties and Other Instruments

Part 1: Introduction to the Factual and Legal Framework

Introduction: Disputed Heritage in Search of Harmony

Contextual Background to the Kashmir Question and a Review of the Current Constitutional Position of India, Pakistan and China on Kashmir

Foundational Concepts and Issues: The Restoration of Historical Title and the Right to Self-determination

Note of Sources: Approaches to the Kashmir Question and the Novel Approach Embraced by this Study

Methodology, Structure and Outline

Kashmir – The Tale of a Lost Nation

Introduction

The History of Kashmir

The End of Empire: Impact of the Decolonisation Process on Kashmir

Kashmir at the Crossroads: Invasion and the De Facto Division of Territory

The Position of Regional Parties on the Kashmir Question

Conclusion

The Restoration of Historical Title & Self-Determination

Introductory Observations

Part 1: The Restoration of Historical Title

Part 2: The Right to Self-determination

Part 3: Restoration of Historical Title and Self-determination – The Complementary Principles for Claiming Independence

Concluding Remarks

Part 2: Application of the International Law Normative Framework on the Kashmir Question

The Legal Validity of Illegal Seizure of Kashmir: An Archival and Legal Review

Introduction

The Question of Competence: The International Status of Kashmir until 1947

The Illegal Seizure of the Princely State of Kashmir by India

Kashmir’s Entitlement to Exercise Self-determination: The Decolonisation Perspective

Conclusion

Incorporation of Kashmir into the Indian Union: An International Assessment on Human Rights And Democratic Government

Introduction

The Illegal Incorporation of the Princely State of Kashmir into the Indian Union after Occupation in 1947: An Analysis of the Relationship between Kashmir and the Union of India

Description of Democracy in Kashmir – A Legal Narrative

Consequences of the Unlawful Indian Constitutional Incorporation of Kashmir – A Review of the Breakdown of the Justice System in Kashmir

A Legal Assessment of the Unlawful Constitutional Incorporation of Kashmir into the Indian Union

Conclusion

Foreign Policy and Official International Legal Position on the Kashmir Question: A Critique

Introduction

The Legal Position of the International Community on Kashmir – The un Security Council Resolutions

A Brief Outline of the Legal Positions of India, Pakistan and Other States on the Kashmir Question – A History of Diplomatic Efforts

The Rationale of the International Community’s Legal Position/‘Unilateral Acts’ on Kashmir and the Creation of Estoppel

The Diplomatic Narrative of International Community’s Changing Policies on Kashmir – A Policy of Bilateralism and Its Caveat

The Necessity for Aligning the International Community’s Fundamental Obligations with their Foreign Policy on Kashmir: A Critical Review

Conclusion

Part 3: Towards a Normative Framework

Some Conclusions

A Normative Framework de lege ferenda for Kashmir: A un Security Council Resolution

Concluding Remarks

Bibliography

Index

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