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LAW AND CONFLICT
RESOLUTION IN KASHMIR
Piotr Balcerowicz and Agnieszka Kuszewska
Law and Conflict Resolution
in Kashmir
This book provides analysis of the legal status of territories of the former
Princely State of Jammu and Kashmir, considering potential opportunities
for Kashmir conflict resolution.
Containing a detailed survey of relevant legislation and international
documents, chapters throughout this book investigate the attempts and
failures of Kashmir conflict resolution, holding up factors which could ena-
ble more peaceful relations between India and Pakistan with inclusion of
the inhabitants of the erstwhile Princely State of Jammu and Kashmir. The
book goes further than outlining how India and Pakistan determine the
legal status of their portions of Kashmir by demonstrating the complex-
ity of legal arrangements and why this protracted conflict is so difficult to
resolve. As the Kashmir conflict is not only about territory and irredentism,
themes such as cultural and national identity, power procurement, territo-
rial security, communal rivalry, religious radicalisation, economic factors
and social issues are all taken into consideration.
Law and Conflict Resolution in Kashmir will appeal to students and schol-
ars of peace and conflict studies, international relations, international law
studies and South Asian studies.
Piotr Balcerowicz, Indologist and philosopher, is Professor at the University
of Warsaw and Professor at the University of Munich (2019–2020). He spe-
cialises in Asian and Western philosophical traditions, in particular, Indian
philosophies and religions, South Asian history, international relations,
political philosophy and human rights. His latest book is Early Asceticism in
India (2016).
Agnieszka Kuszewska, political scientist, is Associate Professor at the Jagiello-
nian University. She specialises in international relations, conflict and security
studies, geostrategic specificity and contemporary history of South Asia. She
is the author of three books, including Understanding Pakistan. Radicaliza-
tion, terrorism and other challenges (2015).
Routledge Studies in South Asian Politics
22 Electoral Politics and Hindu Nationalism in India
The Bharatiya Jana Sangh, 1951–1971
Koushiki Dasgupta
23 Government and NGOs in South Asia
Local Collaboration in Bangladesh
Mohammad Jahangir Hossain Mojumder and Pranab Kumar Panday
24 Parliaments in South Asia
India, Pakistan and Bangladesh
Nizam Ahmed
25 Pakistan’s Security and the India-US Strategic Partnership
Nuclear Politics & National Security
Syed Shahid Hussain Bukhari
26 Pakistan’s National Security Approach and Post-Cold War Security
Uneasy Co-existence
Arshad Ali
27 Political Theory and South Asian Counter-Narratives
Maidul Islam
28 Islam and Democracy in the Maldives
Zahir Azim
29 Kashmir in India and Pakistan Policies
Piotr Balcerowicz and Agnieszka Kuszewska
30 Human Rights Violations in Kashmir
Piotr Balcerowicz and Agnieszka Kuszewska
31 Law and Conflict Resolution in Kashmir
Piotr Balcerowicz and Agnieszka Kuszewska
32 Pakistan’s Foreign Policy
Contemporary Developments and Dynamics
Ghulam Ali
For more information about this series, please visit: www.routledge.com/
asianstudies/series/RSSAP
9781032048529_FM.indd 2 10/05/22 11:51 AM
Law and Conflict Resolution
in Kashmir
Piotr Balcerowicz and
Agnieszka Kuszewska
First published 2022
by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
and by Routledge
605 Third Avenue, New York, NY 10158
Routledge is an imprint of the Taylor & Francis Group,
an informa business
© 2022 Piotr Balcerowicz and Agnieszka Kuszewska
The right of Piotr Balcerowicz and Agnieszka Kuszewska to be
identified as authors of this work has been asserted in accordance with
sections 77 and 78 of the Copyright, Designs and Patents Act 1988.
With the exception of Chapter 15, no part of this book may be
reprinted or reproduced or utilized in any form or by an electronic,
mechanical, or other means, now known or hereafter invented,
including photocopying and recording, or in any information storage
or retrieval system, without permission in writing from the publishers.
Chapter 15 of this book is available for free in PDF format as Open
Access from the individual product page at www.routledge.com. It
has been made available under a Creative Commons Attribution-Non
Commercial-No Derivatives 4.0 license.
Trademark notice: Product or corporate names may be trademarks
or registered trademarks, and are used only for identification and
explanation without intent to infringe.
British Library Cataloguing-in-Publication Data
A catalogue record for this book is available from the British Library
Library of Congress Cataloging-in-Publication Data
A catalog record has been requested for this book
ISBN: 978-1-032-04852-9 (hbk)
ISBN: 978-1-032-05203-8 (pbk)
ISBN: 978-1-003-19654-9 (ebk)
DOI: 10.4324/9781003196549
Typeset in Times New Roman
by KnowledgeWorks Global Ltd.
The open access license of the publication was funded by the
Priority Research Area Society of the Future under the programme
“Excellence Initiative—Research University” at the Jagiellonian
University in Krakow.
Contents
List of map and tables vii
List of abbreviations viii
Acknowledgments x
Biographical notes on the authors xi
1 Introduction 1
PART I
The legal status of Pakistani-administered Jammu and Kashmir 5
2 The right to self-determination 7
3 Pakistan vis-à-vis Azad Jammu and Kashmir 12
4 Pre-Constitution Azad Jammu and Kashmir vis-à-vis Pakistan 24
5 Azad Jammu and Kashmir vis-à-vis Pakistan: The Constitution 34
6 Pakistan vis-à-vis Gilgit-Baltistan 50
7 New legal tremors in Gilgit-Baltistan 68
8 Pakistan vis-à-vis Chitral 82
PART II
The legal status of Indian-administered Jammu and Kashmir 85
9 India vis-à-vis Jammu and Kashmir 87
vi Contents
10 Jammu and Kashmir vis-à-vis India 98
11 The State of Jammu and Kashmir and international ramifications 111
12 The 2019 debacle 124
PART III
The prospects for solving the conflict with protection
of human rights in Kashmir 137
13 Introduction: Decoding the Indo-Pakistani conflict 139
14 Theorising resolution and reconciliation with
reference to Kashmir dispute 143
14.1 Reconciliation, resolution and human rights 143
14.2 The manifestations of the intractable conflict 150
14.3 The multitrack framework and three-level approach 155
15 Kashmir conflict resolution: Selected proposals and attempts 161
15.1 The international community: supporting the
resolution and providing arms 162
15.2 India, Pakistan, Kashmir: selected
noteworthy resolution initiatives 170
16 Current security and economic dynamics 185
16.1 Regional security-related factors 186
16.2 Economic and trade-related factors 190
17 Yearning for a resolution: ‘new India’ and ‘new Pakistan’? 199
18 Epilogue 218
References 223
Index 246
Illustrations
Map
6.1 Gilgit, Baltistan, Ladakh and other regions, 1909.
Fragment, source: IGI (1909: 141). 57
Tables
5.1 The Constitution of the Azad Jammu and Kashmir Council 38
15.1 Democracy Index dynamics in India and Pakistan 2006–2020 167
16.1 India-Pakistan export/import (in US$ million) and share
in India’s global trade 191
16.2 Export. Top three commodities exported from India to Pakistan
(2017–2018, 2018–2019) and their values (in US$ million) 192
16.3 Import. Top three commodities imported from Pakistan to India
(2017–2018, 2018–2019) and their values (in US $million) 193
17.1 India and Pakistan vis-à-vis selected international human
rights instruments 203
17.2 The impact of cross LoC interactions on people living
across the border (in %) 206
Abbreviations
AFSPA Armed Forces Special Powers Act
AJK Azad Jammu and Kashmir
AJKMC All Jammu and Kashmir Muslim Conference
APNA All Parties National Alliance
BJP Bharatiya Janata Party (Bhāratīya Janatā Pārṭī)
CFL Cease-Fire Line
CFV’s ceasefire violations
COAS Chief of the Army Staff
CPEC China-Pakistan Economic Corridor
FATA Federally Administered Tribal Areas
GB Gilgit-Baltistan (after 2009), before: NA; also the agencies of
Gilgit and Baltistan
HR human rights
IaJK Indian-administered Jammu and Kashmir
J&K Jammu and Kashmir
JeI Jamaat-e-Islami
JeM Jaish-e-Mohammad
JKLF Jammu and Kashmir Liberation Front
JKPSA Jammu and Kashmir Public Safety Act
JuD Jamaat-ud-Dawa
KOCBMs Kashmir-oriented confidence-building measures
LoC Line of Control
MKA Ministry of Kashmir Affairs (later MKANA)
MKANA Ministry of Kashmir Affairs & Northern Areas (after 2009
MoKGB)
MoKGB Ministry of Kashmir Affairs and Gilgit Baltistan (till 2009
MKANA)
NA Northern Areas (between 1972 and 2009), after 2009: GB
PaJK Pakistani-administered Jammu and Kashmir
PATA Provincially Administered Tribal Areas
PML(N) Pakistani Muslim League (Nawaz)
PPP Pakistan Peoples Party
PSJ&K (former) Princely State of Jammu and Kashmir
Abbreviations ix
PSJ&K the (former) Princely State of Jammu and Kashmir
PTI Pakistan Tehreek-e-Insaf (Pākistān Tahrīk-e-Insāf)
RSS Rashtriya Swayamsevak Sangh (Rāṣṭrīya Svayaṁsevak
Saṅgh)
UNCIP United Nations Commission for India and Pakistan
UNSC United Nations Security Council
UTJ&K union territory of Jammu and Kashmir
UTL union territory of Ladakh
