澳洲论文范文:国际法律环境下的克什米尔冲突 [3]
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关键词:澳洲论文克什米尔冲突国际法律环境International Law
摘要:本文是一篇澳洲留学生法律论文,主要分析国际法律环境下的克什米尔冲突,自1947年以来,印度和巴基斯坦之间的克什米尔争端已经成为了一个棘手的问题。他们已经经过了四场战争,但还无法通过和平的方式解决冲突,甚至双方都使用了武力解决。
il appointed Dr. Frank Graham, former US Senator, as UN representative. Between December 1951 and February 1953, Graham frantically tried to convince both India and Pakistan to accept his Secretary Council-supported demilitarization proposals that required the reduction of the military presence of both countries in Kashmir and Azad Kashmir preceding the conduct of a plebiscite but to no avail.
After the military takeover by General Ayub Khan Pakistan involvement in international politics increased and the hostility between India and Pakistan increased. Following Pakistan’s joining of the US-led Baghdad Pact in April 1954, and the South East Asian Treaty Organization (SEATO) in September 1956, Nehru argued that Pakistan’s alliance with the US, has rendered all plebiscite agreements in Kashmir obsolete [6] .
Elections are held for a Jammu and Kashmir Constituent Assembly in order to legitimize Sheikh Abdullah's regime and to draft a
constitution for Jammu and Kashmir. Subsequently, following the February 1954 States’ Constituent Assembly’s declaration that Kashmir’s accession to India was final; India took the position that the Assembly’s action was equivalent to a plebiscite. Pakistan and the Council rejected that assertion. Later on, Sheikh Abdullah, the Kashmir chief minister and long-time supporter of Indian rule of Kashmir, is ousted and arrested for treason by the Indian Prime-Minister, Jawaharlal Nehru, for speaking out about a Kashmir independence from both Pakistan and Kashmir. Abdullah later on said “our dispute with the government of India is not accession but it is the quantum of autonomy [7] ”
A legal solution based on arbitration was possible in 1957 when UNSC reaffirmed its earlier resolution that require the plebiscite. Gunnar Jarring was appointed by UN to mediator between India and Pakistan. On his proposal to demilitarization Pakistan Prime Minister Sir Feroz Khan Noon’s declared that his country was willing to withdraw its troops from Kashmir to meet India’s preconditions, the Security Council once again sent Frank Graham to the area. He tried to secure an agreement between India and Pakistan but India again rejected it. In March 1958, Graham submitted a report to the Security Council (CSC) recommending that it arbitrate the dispute but as usual India rejected the proposal [8] .
Conflict over Kashmire resulted in war between two countries in 1965. As the clashes continued, the UN Security Council, supported by major powers, called for an immediate cease-fire, which India and Pakistan accepted on September 6. In January of 1966, at the invitation of Soviet Premier AlexseiKosygin, both Shastri and Khan met in the city of Tashkent (Republic of Uzbesistan) and signed the agreement known as the Tashkent Declaration.
The summit focused on the relations between the two Nations after which the Prime Minister of India and the President of Pakistan agreed to exert more effort to promote good neighborliness, and restrain from the use of force in accordance with the UN Charter. More specifically, the two Nations agreed to withdraw their troops and to observe a cease-fire-line as they were before the 5th of August 1965 [9] .
Simla Agreement: In 1971 India and Pakistan fought a third war over Bangladesh’s Independence. The second summit held on the 3rd of July 1972 and labeled as the Simla Agreement. Under this agreement both oth governments aspired
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