Law and Conflict Resolution in Kashmir

Law and Conflict Resolution in Kashmir

Author: Piotr Balcerowicz

Publisher: Taylor & Francis

Published: 2022-05-26

Total Pages: 290

ISBN-13: 1000514021

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This book provides analysis of the legal status of territories of the former Princely State of Jammu and Kashmir, considering potential opportunities for Kashmir conflict resolution. Containing a detailed survey of relevant legislation and international documents, chapters throughout this book investigate the attempts and failures of Kashmir conflict resolution, holding up factors which could enable more peaceful relations between India and Pakistan with inclusion of the inhabitants of the erstwhile Princely State of Jammu and Kashmir. The book goes further than outlining how India and Pakistan determine the legal status of their portions of Kashmir by demonstrating the complexity of legal arrangements and why this protracted conflict is so difficult to resolve. As the Kashmir conflict is not only about territory and irredentism, themes such as cultural and national identity, power procurement, territorial security, communal rivalry, religious radicalisation, economic factors, and social issues are all taken into consideration. Law and Conflict Resolution in Kashmir will appeal to students and scholars of peace and conflict studies, international relations, international law studies, and South Asian studies. Chapter 15 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.


Law and Conflict Resolution in Kashmir

Law and Conflict Resolution in Kashmir

Author: Piotr Balcerowicz

Publisher: Routledge Studies in South Asian Politics

Published: 2022-01-21

Total Pages: 0

ISBN-13: 9781032048529

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This book provides analysis of the legal status of territories of the former Princely State of Jammu and Kashmir, considering potential opportunities for Kashmir conflict resolution. Containing a detailed survey of relevant legislation and international documents, chapters throughout this book investigate the attempts and failures of Kashmir conflict resolution, holding up factors which could enable more peaceful relations between India and Pakistan with inclusion of the inhabitants of the erstwhile Princely State of Jammu and Kashmir. The book goes further than outlining how India and Pakistan determine the legal status of their portions of Kashmir by demonstrating the complexity of legal arrangements and why this protracted conflict is so difficult to resolve. As the Kashmir conflict is not only about territory and irredentism, themes such as cultural and national identity, power procurement, territorial security, communal rivalry, religious radicalisation, economic factors, and social issues are all taken into consideration. Law and Conflict Resolution in Kashmir will appeal to students and scholars of peace and conflict studies, international relations, international law studies, and South Asian studies. Chapter 15 of this book is available for free in PDF format as Open Access from the individual product page at www.routledge.com. It has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.


Kashmir

Kashmir

Author: Sumantra Bose

Publisher: Harvard University Press

Published: 2009-07-01

Total Pages: 322

ISBN-13: 9780674028555

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In 2002, nuclear-armed adversaries India and Pakistan mobilized for war over the long-disputed territory of Kashmir, sparking panic around the world. Drawing on extensive firsthand experience in the contested region, Sumantra Bose reveals how the conflict became a grave threat to South Asia and the world and suggests feasible steps toward peace. Though the roots of conflict lie in the end of empire and the partition of the subcontinent in 1947, the contemporary problem owes more to subsequent developments, particularly the severe authoritarianism of Indian rule. Deadly dimensions have been added since 1990 with the rise of a Kashmiri independence movement and guerrilla war waged by Islamist groups. Bose explains the intricate mix of regional, ethnic, linguistic, religious, and caste communities that populate Kashmir, and emphasizes that a viable framework for peace must take into account the sovereignty concerns of India and Pakistan and popular aspirations to self-rule as well as conflicting loyalties within Kashmir. He calls for the establishment of inclusive, representative political structures in Indian Kashmir, and cross-border links between Indian and Pakistani Kashmir. Bose also invokes compelling comparisons to other cases, particularly the peace-building framework in Northern Ireland, which offers important lessons for a settlement in Kashmir. The Western world has not fully appreciated the desperate tragedy of Kashmir: between 1989 and 2003 violence claimed up to 80,000 lives. Informative, balanced, and accessible, Kashmir is vital reading for anyone wishing to understand one of the world's most dangerous conflicts.


Political Economy of the Kashmir Conflict

Political Economy of the Kashmir Conflict

Author: Wajahat Habibullah

Publisher: DIANE Publishing

Published: 2009-02

Total Pages: 16

ISBN-13: 143790291X

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Efforts to develop warmer relations between South Asia¿s two nuclear powers, India and Pakistan, will not succeed unless political violence in Kashmir is reduced. One of the key factors sustaining that violence is the dearth of economic opportunities, which ensures a steady supply of disaffected recruits to terrorists and militant groups. This report sketches the turbulent history of Kashmir from its division in 1947 through the revolt of 1989-90 to 2003, and then explores the economic dimensions of the conflict and the opportunities for peacebuilding. The governments of India and Pakistan, together with political leaders in Kashmir, must take the lead in promoting economic dev¿t., but they require the assistance of internat. financial institutions and of the U.S.


Historical Title, Self-Determination and the Kashmir Question

Historical Title, Self-Determination and the Kashmir Question

Author: Fozia Nazir Lone

Publisher: BRILL

Published: 2018-05-07

Total Pages: 500

ISBN-13: 9004359990

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In Historical Title, Self-Determination and the Kashmir Question Fozia Nazir Lone offers a critical re-examination of the Kashmir question. Through an interdisciplinary approach and international law perspective, she analyses political practices and the substantive international law on the restoration of historical title and self-determination. The book analytically examines whether Kashmir was a State at any point in history; the effect of the 1947 occupation by India/Pakistan; the international law implications of the constitutional incorporation of this territory and the ongoing human rights violations; whether Kashmiris are entitled to restore their historical title through the exercise of self-determination; and whether the Kashmir question could be resolved with the formation of international strategic alliance to curb danger of spreading terrorism in Kashmir.


Resisting Occupation in Kashmir

Resisting Occupation in Kashmir

Author: Haley Duschinski

Publisher: University of Pennsylvania Press

Published: 2018-04-20

Total Pages: 312

ISBN-13: 081224978X

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Resisting Occupation in Kashmir considers the social and legal dimensions of India's occupation of Kashmir and the ways in which Kashmiri youth are drawing on the region's history of armed rebellion to reimagine the freedom struggle in the twenty-first century.


India and Pakistan

India and Pakistan

Author: Stanley Wolpert

Publisher: Univ of California Press

Published: 2010-09-13

Total Pages: 144

ISBN-13: 0520266773

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"Stanley Wolpert's new book, India and Pakistan, represents another major contribution to his analysis of the subcontinent. In this work, he provides a hopeful yet realistic solution to the tensions between these two neighbors." MICHAEL D. INTRILIGATOR, University of California, Los Angeles, and the Milken Institute --


Unravelling the Kashmir Knot

Unravelling the Kashmir Knot

Author: Aman Hingorani

Publisher: Pan Macmillan

Published: 2024-06-28

Total Pages: 507

ISBN-13: 9361137050

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'Since the partition of India in 1947, Jammu & Kashmir has been a site of frequent unrest and violence. In Unravelling the Kashmir Knot, author and senior advocate Aman Hingorani applies a legal lens to ongoing debates surrounding the national identity of the region and its people, recounting how decades of misconceived policies have culminated in its current state of affairs. The book decrypts major milestones in the history of J&K, from the signing of the Instrument of Accession in 1947 and the Reference to the United Nations in 1948 to the Abrogation of Article 370 in 2023, critically examining their stipulations and impact on global opinion on the Kashmir issue. Drawing from personal correspondences and official documentation, Hingorani explores the role that larger-than-life figures like Jawaharlal Nehru, Mohammad Ali Jinnah and Louis Mountbatten played in shaping the Kashmir policies of their nations. He discusses the influence of Pakistan and China in J&K in the context of geo-political and strategic realities, and the possible depoliticization of the Kashmir issue through the International Court of Justice. Comprehensive yet accessible, Unravelling the Kashmir Knot plucks lesser-known details about J&K’s history from obscurity and emphasizes the importance of charting a realistic path forward to resolve the Kashmir issue.


Internal Displacement and Conflict

Internal Displacement and Conflict

Author: Sudha Rajput

Publisher: Routledge

Published: 2019-02-04

Total Pages: 224

ISBN-13: 0429764626

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Grounded in multidisciplinary research, this book presents a methodical understanding of those displaced within their national borders, the Internally Displaced Persons (IDPs). The IDP phenomenon remains less understood than that of refugees due to the "internal" nature of the crisis, linked to a nation’s sovereignty, which assigns the responsibility for care to the national actors as opposed to an international body. However, the IDP phenomenon poses an international humanitarian challenge, with upwards of 40 million people currently in internal displacement across the globe. This book helps answer the most perplexing questions surrounding conflict-induced protracted displacements: namely, how do positions embraced by key actors inform/influence IDP policies, and why, despite the promise of robust return packages, do families remain reluctant to return to home communities and equally reluctant to embrace new host communities? Capitalizing on the diagnostic tool kit known as Dugan’s Nested Model, uniquely adapted to the Kashmiri Pandit displacement, this book also analyzes issues of the similarly displaced communities of Nagorno-Karabakh, Abkhazia and South Ossetia, Kosovo, and Darfur regions. This book will be of much interest to students of peace and conflict studies, humanitarianism, Asian politics, and International Law in general.