The issues addressed in this thesis are: whether Kashmir was a State at any point in history; was the territory occupied in the war of 1947 by India; within international law, what implications do the constitutional incorporation of this territory and human rights violations attract; are Kashmiris entitled to restore their historical title through the exercise of self-determination; and can the Kashmir question be solved without the formation of international strategic alliances to curb the new dangers in Kashmir. From the strong historical standpoint and comprehensive archival research this thesis begins with an introduction to the Kashmir question, focusing on how the statehood of Kashmir was lost and in what circumstances. This is followed by examining the substantive law of restoration of historical title, statehood, State continuity/identity, State extinction, occupation and self-determination. The rest of the study first analyses the statehood and sovereignty of Kashmir from the perspective of archival documents. The study also examines effect of the presence of an unrepresentative government and human rights violations in the occupied territory of Kashmir. Finally, the international community’s foreign policy and legal position on Kashmir is discussed. The study analyses the consequences of abandoning the Kashmir question and letting it fester in the face of danger of potential nuclear war and spread of terrorism. This work concludes that the international community needs to rethink its foreign policy in the region in the face of emerging military-political dangers and revive its previously held legal position on the Kashmir question for its resolution.
| Identifer | oai:union.ndltd.org:bl.uk/oai:ethos.bl.uk:499629 |
| Date | January 2008 |
| Creators | Lone, Fozia Nazir |
| Publisher | University of Aberdeen |
| Source Sets | Ethos UK |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
| Source | http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=25194 |
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