Kashmir Case Law: Ascription of International Laws for Common Good

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This book examines the merits of customary international laws that are a binding on all the States and have been implicated in the Kashmir case. In 1947 the British were under Treaty obligation to prevent military incursions into Kashmir and as administrators of non-self governing territory steer Kashmir into a secure political entity Pakistan is incriminated for breaking the standstill agreement with the ruler and for fighting a destructive war with India inside the borders of Kashmir, India broke the laws by entering into an accession deed with the ruler to assign the future of the State without a reference to the people or the local standing government or its constitution (1939) India bound Kashmir to itself albeit it unilaterally as an autonomous state. It is illegal to have withdrawn that status. Authorities that rule Kashmir are blameworthy for infraction of bill of rights covenants for consistent abuse of Human rights of the population. As a result of these actions Kashmir case is in international domain, even apart from the United Nations involvement and a threat of peace in the region.
International law forbids the continued presence of alien forces that tantamount to prescriptive occupation. A plan has been proposed for a virtual court to make a juridical assessment of the case on behalf of the people of Kashmir bolstered by the statutes of customary international laws. It has been suggested that United Nations is contracted to its members under its Chapter to use Chapter VII and assert a just solution on the basis that acts of Aggression have occurred and an asymmetric war is raging Alternatively UN has a remit under Chapter XIV Article 96 of the Chapter to refer the case International Court of Justice (ICJ) for appraisal and advice.
The text of this book has simplified legal jargon, intelligible to general public with no prior knowledge of law and is aimed at readers with particular interest in the subject of self-determination and its application in politically compromised situations. These pages have a thematic focus on remedial justice with only a sketchy reference to the chronology of historical events and antics of politics.