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Should Kashmir be unified under or as a single state?

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  1. Introduction.
  2. Historic background.
    1. Kashmir history of independence.
    2. Problem of the Maharaja.
  3. International law defines Kashmir as a State.
    1. Kashmir is a State and a Nation.
    2. Article 370 on autonomy of Kashmir.
    3. The Right to self-determination.
  4. The Indo-Pakistan deadlock.
  5. Conclusion.
  6. Bibliography.

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.[9] 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?[10]. [...]


[...] 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. [...]

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