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Book Cover
E-book
Author Lone, Fozia Nazir

Title Restoration of the Historical Title and the Kashmir Question
Published Boston : BRILL, 2018

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Description 1 online resource (500 pages)
Series Brill's Asian Law Ser
Brill's Asian Law Ser
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
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
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
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
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
Print version record
Form Electronic book
ISBN 9789004359994
9004359990