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Unpublished Paper
Kashmir, India, Pakistan and the United Sttes: A Clarification of Legal-Policy Interests of Concerned States
ExpressO (2015)
  • Winston P Nagan, University of Florida Levin College of Law
Abstract
This article covers the relevant legal history of Kashmir before asssession to India. It covers in detail the specific issue of transfer of Kashmir to India and its legality in colonial law and the importance of colonial boundary legality for modern international law. The article then explores the emergence of sectarian conflict in the context of the global nation state system and the importance of the Uti Possidetis doctrine relating to the stability of boundaries in international law. The article further explores issues of international security relating to Kashmir as well as U.S. policy relating to India, Pakistan and Kashmir. The article concludes with suggestions relatiing to transitional justice in Kashmir.
Keywords
  • major regional territorial dispute,
  • legal boundaries in international law,
  • consequences of non-resolution,
  • clarification of legal interests as a means of dispute resolution
Disciplines
Publication Date
May 12, 2015
Citation Information
Winston P Nagan. "Kashmir, India, Pakistan and the United Sttes: A Clarification of Legal-Policy Interests of Concerned States" ExpressO (2015)
Available at: http://works.bepress.com/winston_nagan/18/