澳洲论文范文:国际法律环境下的克什米尔冲突 [8]
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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。
and 80 of 1949 and several subsequent Security Council resolutions and thus, is in violation of its, obligations under Article 25 of the UN Charter and consequently India deserves to be subjected to international sanctions until the instruments are adhered to [24] .
On the failure of bilateral agreements Vienna convention on law of treaties terms it as invalid agreement and prescribes other means of settlement of disputes i.e. judicial settlement, arbitration and conciliation. Under paragraph 3 of article 65, no solution has been reached within a period of 12 months following the date on which the objection was raised, the following procedures shall be followed:
(a) any one of the parties to a dispute concerning the application or the interpretation of article 53 or 64 may, by a written application, submit it to the International Court of Justice for a decision unless the parties by common consent agree to submit the dispute to arbitration;
(b) any one of the parties to a dispute concerning the application or the interpretation of any of the other articles in part V of the present Convention may set in motion the procedure specified in the Annex to the Convention by submitting a request to that effect to the Secretary-General of the United Nations [25] .
Conclusion: India has frequently violated international law. Firstly by wrongful the accession of princely states including Kashmir. Hari Singh resists joining either India or Pakistan hoping to get autonomy from both countries. Under Indian pressure Singh signed the accord with India so that to get military support against the raiders. Secondly, demilitarization solution on December 1949 Pakistan agreed to simultaneous demilitarization but India chose to ignore it by raising moral and legal issues about the plan [26] .
Thirdly Elections are held for a Jammu and Kashmir Constituent Assembly in order to legitimize Sheikh Abdullah's regime the February 1954 States’ Constituent Assembly’s declaration that Kashmir’s accession to India was final; India unilaterally took the position that the Assembly’s action was equivalent to a UN plebiscite. Pakistan and the Security Council rejected that assertion. Later on, Sheikh Abdullah was arrested for treason by the Indian Prime-Minister, Jawaharlal Nehru, for speaking out about a Kashmir independence from both Pakistan and Kashmir. [27]
Fifthly, A legal solution based on arbitration was possible in 1957 when UNSC reaffirmed its earlier resolution that require the plebiscite. On Gunnar Jarring proposal for demilitarization, Pakistan Prime Minister Sir Feroz Khan Noon’s declared to withdraw its troops from Kashmir to meet India’s preconditions, the Security Council Frank Graham 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 [28] .
India violated Simla Agreement by occupying Siachen area in 1984. For Pakistan it was a clear breach of the Simla agreements [29] . Anthony Davis and Ajay Singh, journalists with Asia Week, claim that the error was in the Simla agreement itself. The agreement failed to include the Siachen glacier area when drawing up the LoC. Vienna Convention on the Law of Treaties Of 1969 in article 48 provides “A State may invoke an error in a t
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