Foreword XI
by Em. Professor Dr. Rüdiger Wolfrum
Acknowledgements XII
List of Abbreviations XIV
Table of Cases XVII
Table of Treaties and Other Instruments XIX
Part 1
Introduction to the Factual and Legal Framework
1
Introduction: Disputed Heritage in Search of Harmony 3
Contextual Background to the Kashmir Question and a Review of the Current Constitutional Position of India, Pakistan and China on Kashmir 13
Foundational Concepts and Issues: The Restoration of Historical Title and the Right to Self-determination 23
Note of Sources: Approaches to the Kashmir Question and the Novel Approach Embraced by this Study 38
Methodology, Structure and Outline 48
2
Kashmir – The Tale of a Lost Nation 52
Introduction 52
The History of Kashmir 54
The End of Empire: Impact of the Decolonisation Process on Kashmir 71
Kashmir at the Crossroads: Invasion and the De Facto Division of Territory 78
The Position of Regional Parties on the Kashmir Question 87
Conclusion 92
3
The Restoration of Historical Title & Self-Determination 96
Introductory Observations 96
Part 1
The Restoration of Historical Title 100
Part 2
The Right to Self-determination 133
Part 3
Restoration of Historical Title and Self-determination – The Complementary Principles for Claiming Independence 161
Concluding Remarks 165
4
The Legal Validity of Illegal Seizure of Kashmir: An Archival and Legal Review 171
Introduction 171
The Question of Competence: The International Status of Kashmir until 1947 173
The Illegal Seizure of the Princely State of Kashmir by India 188
Kashmir’s Entitlement to Exercise Self-determination: The Decolonisation Perspective 226
Conclusion 236
5
Incorporation of Kashmir into the Indian Union: An International Assessment on Human Rights And Democratic Government 239
Introduction 239
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 242
Description of Democracy in Kashmir – A Legal Narrative 252
Consequences of the Unlawful Indian Constitutional Incorporation of Kashmir – A Review of the Breakdown of the Justice System in Kashmir 261
A Legal Assessment of the Unlawful Constitutional Incorporation of Kashmir into the Indian Union 288
Conclusion 309
6
Foreign Policy and Official International Legal Position on the Kashmir Question: A Critique 315
Introduction 315
The Legal Position of the International Community on Kashmir – The UN Security Council Resolutions 318
A Brief Outline of the Legal Positions of India, Pakistan and Other States on the Kashmir Question – A History of Diplomatic Efforts 324
The Rationale of the International Community’s Legal Position/‘Unilateral Acts’ on Kashmir and the Creation of Estoppel 353
The Diplomatic Narrative of International Community’s Changing Policies on Kashmir – A Policy of Bilateralism and Its Caveat 359
The Necessity for Aligning the International Community’s Fundamental Obligations with their Foreign Policy on Kashmir: A Critical Review 368
Conclusion 387
Part 3
Towards a Normative Framework
7
Some Conclusions 393
A Normative Framework de lege ferenda for Kashmir: A UN Security Council Resolution 416
Concluding Remarks 422
Selected Bibliography 429
Index 452