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

Description

In Historical Title, Self-Determination and the Kashmir Question, Lone offers a fresh framework, while recognising signs of spreading terrorism in the region, to understand the rights of the Kashmiri people and how they could be addressed by the international community. Historical Title, Self-Determination and the Kashmir Question: Changing Perspectives in International Law Copyright Dedication Contents 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 Selected Bibliography Index