澳洲论文范文:国际法律环境下的克什米尔冲突 [4]
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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。
to mutually resolve the conflict and work toward a harmonious relationship. Both reiterated their commitment to the UN Charter as they had under the Tashkent Declaration including the resolution of their differences via peaceful means and agreed to refrain from the threat or use of force [10] .
Under this agreement, India and Pakistan, committed themselves to “settling their differences through bilateral negotiations or by any other peaceful means mutually agreed upon between them,” and that the “basic issues and causes which bedeviled the relations between the two countries for the last 25 years shall be resolved by peaceful means. [11] ” The agreement became the basis for the renewal of official relations between the two countries consequently thus diluting role of third party.
The two parties agreed to adhere to the “Line of Control” (LoC) and not to alter it “irrespective of mutual differences or legal interpretations”. Additionally, they agreed to continue consultations until normal relations resumed. The cease-fire line of the Tashkent Declaration termed as line of control (LOC) in Simla Agreement as the de facto line of control and India looked interested in maintaining territorial status quo [12] .
Post Shimla Agreement emphasis was on bilateral talk on dispute. Though the agreement gave the Indians opportunity to aside UN and third party mediation or arbitration on Kashmir issue but no serious dialogue between two states happened during 38 years. Instead of initiate bilateral talk, Indian government starts maneuvering in internal politics of Kashmir so that to make Indian control legitimize over Kasmir. On February 25, 1975, Abdullah became the Chief Minister of the state and in 1982 his son Dr. Farooq Abdullah, succeeded him. But Farooqand Maulvi Farooq of the Awami Action Committee demanded autonomy, the kind that had been promised in the 1952 Delhi Agreement to his father. the 1983 legislative elections won by him Upset by his demand for autonomy, Mrs. Gandhi intervened in the domestic politics of the state and dismissed Abdullah’s government in 1984, The outbreak of a Muslim uprising in 1989 human rights violations increase in the Valley and Jammu [13] .
The armed race continued and both countries acquire the nuclear arsenal. Pakistan covertly tests nuclear technology in 1989 and in this Pakistan achieved deterrence against India. In May 1990, Indo-Pak Conflict In the midst of the Kashmir Muslim insurgency, tensions between India and Pakistan became so intense that the Pakistani military headed by General MirzaAslam Beg was willing to use nuclear weapons to “take out New Delhi.”
Lahore Declaration: Lahore Declaration of 21 February 1999, Lahore Declaration reaffirmed the determination to implement the Simla Agreement and their commitment to nuclear disarmament and nonproliferation. The two states agreed to take step to reduce the risk of accidental or unauthorized use of nuclear weapons. In addition, the Foreign Secretaries of both countries signed a Memorandum of understanding agreeing to engage in consultations on security concepts and nuclear doctrines in order to avoid conflict [14] .
India once again carried out nuclear tests in series 11-13 May 1998 and thus non proliferation regime becomes irrelevant in wake of these tests. Pakistan was left with no choice and consequently, on 28 May 1998 announces the nuclear test and balanced
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