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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

  • 作者:
  • 出版商: Brill Nijhoff
  • ISBN: 9789004316911
  • 出版时间 May 2018
  • 规格: Hardback
  • 适应领域: Netherlands ? 免责申明:
    Countri(es) stated herein are used as reference only
JP¥41,491.60
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  • 描述 
  • 大纲 
  • 详细

    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

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