Description |
1 online resource (500 pages) |
Series |
Brill's Asian Law Ser |
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Brill's Asian Law Ser
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Contents |
Intro; 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 |
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Foundational Concepts and Issues: The Restoration of Historical Title and the Right to Self-determinationNote 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 |
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Introductory ObservationsPart 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 |
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Kashmir's Entitlement to Exercise Self-determination: The Decolonisation PerspectiveConclusion; 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 |
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Consequences of the Unlawful Indian Constitutional Incorporation of Kashmir -- A Review of the Breakdown of the Justice System in KashmirA 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 |
Notes |
The Rationale of the International Community's Legal Position/'Unilateral Acts' on Kashmir and the Creation of Estoppel |
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Print version record |
Form |
Electronic book
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ISBN |
9789004359994 |
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9004359990 |
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