Since the departure of the British from the region in 1947, the Kashmiri population never stopped suffering form the struggle and wars between Pakistan and India. In this conflict, everybody had first their own reason to struggle for Kashmir but the conflict soon became about national pride. The problem is that by being concerned about their own national pride, both India and Pakistan forgot about the fate of 12 million people made of Hindus, Muslims and Buddhists and wishing peace and self-determination. Today, it seems hardly possible to expect that any of these countries will be welcomed as the ruler of the Jammu-Kashmir region after all the turmoil both caused. In this debate paper, we will concentrate on the possibility of an independent Kashmir by arguing first that historically, Kashmir was never meant to be bound to any other country and that India has no legal ground for claiming Kashmir.
[...] Finally, Hari Singh could not seriously expect to stay in power afterwards. Therefore, the treaty of accession of Kashmir to India is not binding. Moreover, the agreement was obtained under coercion and, as the ICJ stated “there can be little doubt, as implied in the Charter of the United Nations and recognized in Art.52 of the Vienna Convention on the Law of treaties, that under contemporary international law an agreement concluded under the threat or use of force is void”. [...]
[...] Understanding self-determination: The basics. http://www.webcom.com/hrin/parker/selfdet.html Kapur, Narang. The Fate of Kashmir. http://www.stanford.edu/group/sjir/ 3.1 .06_kapur-narang.html Prof. L. N. Dhar. An outline of the History of Kashmir. http://koausa.org/Crown/history.html Ranjan. K. Agarwal. Should India and Pakistan allow a plebiscite on self- determination in Kashmir? http://www.idebate.org/debatabase/topic_details.php?topicID=221. May Slomanson, William. Fundamental perspectives on International Law. 3rd Edition. San Diego: Clark Baxter Slomanson, William. Fundamental perspectives on International Law. 3rd Edition. [...]
[...] Also, the United Nations recognized the legitimacy of the Kashmiri people to decide of the fate of Kashmir as the January 1949 express: question of the accession of the state of Jammu and Kashmir to India or Pakistan will be decided through the democratic method of a free and impartial plebiscite.” The principle of the third way through independence should be simply added, as we saw earlier, times have changed The Indo-Pakistan deadlock India and Pakistan are unwilling to negotiate a cease-fire or a permanent resolution by themselves. [...]
[...] Fundamental perspectives on International Law. 3rd Edition. San Diego: Clark Baxter pp 340. United Nations´website. Declaration on the granting of independence to colonial countries and peoples. Resolution 1514 adopted in 1960. http://www.unhchr.ch/html/menu3/b/c_coloni.htm Wirsing. R. G. Kashmir in the Shadow of War: regional rivalries in a nuclear age. Armonk,N.Y.:M.E.Sharpe,c2003 Unknown author. Study on la perception de l´ennemi : http://www.oaric.com/cachemire.pdf Unkonwn author, Kashmir History: http://www.kashmir.co.uk/glance.htm Unknown Autho. UN Resolution 1948. http://www.jammu- kashmir.com/documents/jkunresolution.html . Unknown Author. Kashmir: self determination versus state terrorism. http://www.kmsnews.org/databank/Freedom%20Struggle/kms%20articles/The%20Righ t%20to%20Self-Determination.htm http://archives.arte-tv.com/hebdo/dessouscartes/20000701/ftext/start.html http://archives.arte- tv.com/hebdo/dessouscartes/20000701/ftext/start.html [...]
[...] Finally, this plebiscite should add the third option of independence to those of accession to either India or Pakistan International Law defines Kashmir as a State A Kashmir is a State and a Nation The 1993 Montevideo convention on the Rights and Duties of States says: State is defined as a person of international law which possesses: - A permanent population. - A defined territory. - A government. - The capacity to enter in relation with other states. There is no doubt that Kashmir has both a permanent population and a defined territory. [...]
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