International Law and the Kashmir Dispute : A Critical Reflection

Research output: Chapters, Conference Papers, Creative and Literary WorksRGC 12 - Chapter in an edited book (Author)peer-review

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Original languageEnglish
Title of host publicationThe Palgrave Handbook of New Directions in Kashmir Studies
EditorsHaley Duschinski, Mona Bhan, Cabeiri deBergh Robinson
Place of PublicationCham
PublisherPalgrave Macmilian
Chapter12
Pages153-172
Number of pages20
ISBN (Electronic)978-3-031-28520-2
ISBN (Print)978-3-031-28522-6, 978-3-031-28519-6
Publication statusPublished - 2023

Abstract

This chapter discusses the international community's responsibilities toward Kashmir, with reference to the United Nations Security Council Resolutions (UNSCRs) on the obligations to secure a ceasefire and administrate a free and fair plebiscite. While the international community has previously shown concern for the rights and well-being of Kashmiris living under oppression, it has failed to enforce this position despite the continued violations of Kashmiris’ human rights and India’s unilateral revocation of the autonomous status of the region. Kashmir has fallen victim to the indeterminate efforts of collective bodies and the foreign policies of individual states. In this chapter, I argue that these policies are in contradiction to nation-state’s publicly stated positions on the Kashmir conflict. Given this context, this chapter uses international legal jurisprudence and argues that members of the international community have a legal role in play toward the resolution of the Kashmir dispute which is established through their unilateral acts, the relevant UNSCRs, and their publicly-expressed intentions which are binding and cannot be abandoned without scrutiny. The international community has a fundamental responsibility to align its foreign policy with its recognized legal position to intervene in the precarious socio-political situation in Kashmir. © The Author(s), under exclusive license to Springer Nature Switzerland AG 2023

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Citation Format(s)

International Law and the Kashmir Dispute: A Critical Reflection. / Lone, Fozia Nazir.
The Palgrave Handbook of New Directions in Kashmir Studies. ed. / Haley Duschinski; Mona Bhan; Cabeiri deBergh Robinson. Cham: Palgrave Macmilian, 2023. p. 153-172.

Research output: Chapters, Conference Papers, Creative and Literary WorksRGC 12 - Chapter in an edited book (Author)peer-review