A TWAIL and post-colonial analysis of the possibilities for self-determination in Kashmir

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In the paradigm of international law, although self-determination enjoys a firm entrenchment, its scope is underscored by huge ambiguity. UN Security Council Resolution 47 (1948) expressly endorsed the right to self-determination for the people of Indian-Administered-Kashmir but India has denied Kashmiris this right explicitly to date. It is, therefore, necessary to understand the contour of the variants of self-determination that may be important to Kashmir's conflict. During decolonization, the idea of uti possidetis was extensively applied which resulted in people being forced to join the precolonial arrangements, resulting in the suppression of minorities. The minority-problem is itself embedded in the demarcating of post-colonial boundaries as this idea of modern statehood was inflicted on diverse communities. Kashmir's conflict is, therefore, a direct result of the norms like uti possidetis which has facilitated this conflict. International law prioritized the right to self-determination but simultaneously, legalized the control of administrations on the newly demarcated post-colonial states.Alongside extensive research on existing literature, a normative analysis using critical historiography of international legal doctrines will be carried out from a 'Third World Approaches to the International Law - (TWAIL)' point of view to comprehend how the present state of conflict in Kashmir is directly in consonance with international law and its role in forming of post-colonial boundaries. This will require visiting British Library Archives in order to critically engage with the instruments, extracts, and documents related to pre-1947 Kashmir and British-India, available at "India Office Records and Private Papers" and those colonial laws which further legitimized the Indian control over disputed princely states like Kashmir.This research will not only make a case for justice in conflict-ridden post-colonial states but will aid in contributing to the international law discourse, which remains strongly influenced by the early contexts of uti possidetis. It will pave way for a strong normative commitment to resolve the conflict in Kashmir. This research will not only be a significant contribution to international law but also to the peace and conflict theories by being more engaging with the present world policies that significantly shape the ongoing conflicts. Any prospective action towards the resolution of this conflict will also have to tread carefully considering South-Asian politics. This research will attempt to facilitate a redressal mechanism to consolidate the needs of victims (justice) and the people of Kashmir in general (self-determination) by identifying relevant models of conflict resolution foreseeing the international relations of the global south.