Historical Title, Self-Determination and the Kashmir Question

Changing Perspectives in International Law

Series:

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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Biographical Note

Fozia Nazir Lone, Ph.D. (2009), University of Aberdeen (U.K), is an Assistant Professor at the School of Law, City University of Hong Kong. She has published books, monograph and journal articles in various areas of law, including international law.

Table of 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

Readership

Everyone interested in the Kashmir question as legal academics, researchers, policy-makers, political analysts, historians, archivists, practitioners, and postgraduate and undergraduate students.

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