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

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ISBN13: 9789004316911
Published: May 2018
Publisher: Brill Nijhoff
Country of Publication: The Netherlands
Format: Hardback
Price: £150.00



This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

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.

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Subjects:
Public International Law, Other Jurisdictions , Asia
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
Bibliography
Index