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
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