Dr. Syed Nazir Gilani

A debate around Kashmir in India, in Pakistan and Kashmiri circles has never abated. If we had invoked the arbitration clause, India had no exit ramp. It is generally said that UN Security Council Resolutions are under Chapter VI and therefore are only recommendations. This is not true. Article 1 (2) of UN Charter on “equality of people and right of self-determination” and the jurisprudence of investigation of the Kashmir situation by UNCIP, its reports, reports by UN representative for India and Pakistan and debates at the UN Security Council, perfects the interpretation in our favour.

Kashmir case involves, “international peace and security” and at the same time “equality of people and right of self-determination”, of the people. The two components do not stay in Chapter VI, but cross over into Chapter VII and other chapters as well. »

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