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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

Name: Historical Title, Self-Determination and the Kashmir Question: Changing Perspectives in International Law
Brand: Brill Nijhoff
SKU: 9789004316911
Price: 2327.50 HKD
Availability: InStock
Author: Fozia Nazir Lone
ISBN: 9789004316911

By Fozia Nazir Lone

Brill Nijhoff May 2018

Specifications

ISBN-13: 9789004316911
Publisher: Brill Nijhoff
Publication: May 2018
Format: Hardback
Jurisdiction: Netherlands ? Countri(es) for reference only

Details

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; 1.
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; 2.
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; 3.
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; 4.
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; 5.
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; 6.
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; 7.
Some Conclusions: A Normative Framework de lege ferenda for Kashmir: A un Security Council Resolution; Concluding Remarks; Bibliography; Index