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- Title
SELF-DETERMINATION: WHAT LESSONS FROM KASHMIR?
- Authors
CHAKRABARTY, ISHITA
- Abstract
This Article takes the example of Kashmir as a longstanding dispute, to illustrate the complexity that is self-determination. The Article shows that even massive human rights violations coupled with seizure of a sub-State group's right to autonomy may not be enough. The international community appears to be wary of taking a stand on a sub-State group's right to self-determination because of apprehensions that they may pass into norms, for it is in the interest of every state that their territorial integrity is not permanently altered through the exercise of external self-determination. The success of a sub-State group's legitimate claims has always been preceded either by coercive military (e.g., Kosovo, Bangladesh) or non-military interventions (e.g., East Timor). In invoking the Responsibility to Protect and the growing importance of the human rights framework, this Article attempts to show that the international community must reassess its stand.
- Subjects
KASHMIR conflict (India &; Pakistan); HUMAN rights violations; SELF-determination theory; RIGHT to self-determination; RESPONSIBILITY to protect (International law)
- Publication
Indiana International & Comparative Law Review, 2021, Vol 31, Issue 1, p35
- ISSN
1061-4982
- Publication type
Article
- DOI
10.18060/25247