pil-synopsis.docx

7/29/2019 pil-synopsis.docx

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INTRODUCTION

Self-determination is the right of groups to "determine their political status and freely pursue

their economic, social, and cultural development."' Although the emergence of new sovereign

entities was not initially a concern of international law, decolonization necessitated the

emergence of new international law in the form of rules for self-determination. Much like

there are legal guidelines for passing domestic statutes in the United States, there are

international legal requirements for resolving self-determination conflicts. The use of legal

norms such as earned sovereignty and plebiscites legalizes the process of recognizing

emerging independent states or, in the alternative, recognizing the sovereign rights attributed

to sub-states. Earned sovereignty provides the legal framework for resolution and addresses

international legal status, and the plebiscite ensures that the framework attains legal status

only after popular consultation of the people.' The conflict in Kashmir is a fight for self-

determination, a recognized right in international law. Until recently, the international legal

community had not come up with the legal framework to reach a solution. From the

beginning of the Kashmir conflict, the involved parties argued that the appropriate solution

was a plebiscite, a direct vote whereby the government gives the people the right to accept or

refuse a particular proposal. The parties claimed that a plebiscite' would illustrate the will of

the people. The actions of Pakistan and India, however, have negated any possibility of self-determination. The international community's attitude toward the Kashmir plebiscite was to

ignore it and retain the status quo.' This attitude has changed as the danger of the situation has

escalated since India and Pakistan became nuclear powers." Neither of the parties rules out

the use of nuclear weapons, and Pakistan does not deny the possibility of a first strike.

Recent alterations in regional politics, along with changing worldviews on terrorism, may

soon open the door for a final solution to the Kashmir conflict.

Scope

This project will firstly examine the developments on the issue that have taken place during

the course of time. Then, the legal framework envisaged by the U.N. Charter, ICCPR and

other Covenants. This work will refer to various court decisions, GA resolutions, and

scholars arguments in this respect. In the second part it will examine the historical and

current situation in Kashmir. Finally, a study on the exercise of the right of self-determination

with special reference to Kashmir issue will be presented in comparison with classical and

modern requirements for the exercise of the said right.


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Chapterisation

Part-I

The development and nature of right of self-determination

1) Origin and historical background2) Content and nature of self-determination3) Convention and legal framework4) Current issues

Part-II

Kashmir Issue: Historical background and Current Scenario

1) History and time line of events2) Conflict: Act of terrorism, Human right violations etc.3) Recent developments and International interventions

Part-III

Analysis

1) A study of development of right of self-determination in other parts of the world andconsequently its impact on Kashmir.

Part-IV

Conclusion and Recommendation

Research Questions:-

1) What are the meaning, objective and purpose of the right of self-determination? 2) What is the status of right of self-determination in International Community? 3) What is the implication of right of self-determination over Kashmir Issue?

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Bayefsky, Anne, Self-determination in International Law: Quebec and Lessons Learned

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Articles:

Anaya,S. J., A Contemporary Definition of the International Norms of Self-Determination

3Transnational Law and Contemporary Problems (1993)

Brilmayer, L., Secession and Self-Determination: A Territorial Interpretation 16 Yale

Journal of International Law (1991)

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UN Documents:

Human Rights Committee

General Comment No. 12 The right to Self- Determination of Peoples (Art 1):. 13/03/84

CCPR General Comment No. 12 (General Comments)

General Comment No. 21 General Recommendation No.21: Right to Self- Determination:.

23/08/96

CERD General Comment No. 21 (General Comments)