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澳洲论文：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。克什米尔冲突很大程度上是殖民主义的遗留问题,这两个国家都宣称对同一片领土享有主权。本文旨在解释在国际法律体系中的这种情况以及其反之情况。为了完成这个目标，文章通过分析冲突的成因以及卷入危机的频繁失误，解释了为什么它会成为如此棘手？研究了一些国际社会尝试解决冲突以及为什么他们失败了？在争端的背景下，国际法的效力和国际法律制度的弱点已经暴露出来。因此，人们开始审视和争论联合国在解决领土争端问题中的作用，其本身也是国际法的试金石，来测试国际法的局限性。联合国的克什米尔决议被寄予了使国际法和国际政治相互塑造，彼此贯通的期望[1]。 

Kashmir Conflict In The Milieu Of International Law International Law Essay

Since the 1947, the Kashmir dispute between India and Pakistan has become an intractable one. They have fought four wars, but conflict could not be resolved through pacific settlement of dispute and even through the use of force from both sides. Kashmir conflict heavily depends on the legacy of colonialism; both states have a claim on same territory. This paper is designed to explain the situation in the context international legal system and vice versa. To accomplish this goal, it analysis the genesis of the conflict and its frequent lapses into crises to explain why it has become so intractable? The study peeps into some of the attempts made by international community to settle the conflict and why they have failed? In the context of dispute, the effectiveness of international law and weakness of international legal system have been highlighted. Consequently, the role of the United Nations in resolving territorial dispute has been examined and dispute itself is the litmus test for international law thus it approaches the limitations of international law. International law and politics infuse and shape each other [1] is the argument anticipates UN base Kashmir resolution

At the time of partition of the Indian subcontinent, the state of Jamu and Kashmir was one of the princely that face the choice of either to join India or Pakistan. The accession of these princely states is based on the principles of geographical contiguity either and self-determination. The Kashmiri maharajah, Hari Singh, a Hindu leader in a predominantly Muslim state, he is given order by the British government to choose between Pakistan and India, he purposely delays decision. Hari Singh resists the pressure not to join either Pakistan or India hoping to get independence or autonomy from both countries. He gets signed a standstill agreement with Pakistan on August 16 and tries to sign a similar agreement with India. However, following the declaration of independence, communal rioting erupted in Punjab between the Hindus and Sikhs on one side and Muslims on other side. In September, the rioting spilled into Kashmir against the Muslims. The Muslims in the Western part of Kashmir rebelled against the Maharaja and establishes their own independent (Azad) Kashmir government. Maharaja was approached Acharya Kriplani and The rulers of Patiala they tried to induce him to sign the instrument of accession with India [2] .

On October 22, 1947, the tribesmen (mostly Mahsuds and Afridis) of the Northwest Frontier Province (NWFP) and many agents of Azad forces [3] invaded Kashmir and they intrude into Kashmir near state’s capital city, Srinagar. They try to force the rump state to accede with them. It looked possible with help of tribesmen the control of entire Kashmir may have come under Pakistan. Hari Singh sought India’s military assistance, but India refused to help unless the Maharajah signed the instrument of accession, in e本论文由英语论文网提供整理，提供论文代写，英语论文代写，代写论文，代写英语论文，代写留学生论文，代写英文论文，留学生论文代写相关核心关键词搜索。