Penn State International Law Review Volume 21 Article 5 Number 2 Penn State International Law Review 1-1-2003 The Role of International Law in the Kashmir Conflict Brian Farrell Follow this and additional works at: https://elibrary.law.psu.edu/psilr Part of the International Law Commons Recommended Citation Brian Farrell, The Role of International Law in the Kashmir Conflict, 21 Penn St. Int'l L. Rev. 293 (2003). This Article is brought to you for free and open access by the Law Reviews and Journals at Penn State Law eLibrary. It has been accepted for inclusion in Penn State International Law Review by an authorized editor of Penn State Law eLibrary. For more information, please contact
[email protected]. The Role of International Law in the Kashmir Conflict Brian Farrell* I. Introduction II. Historical Background of the Interstate Conflict A. British India and the Partition B. Kashmir's Status and the Accession III. Creation of the Stalemate A. United Nations Involvement B. India's Actions C. Pakistan's Actions D. Bilateralism IV. Legal Analysis of the Conflict A. Partition as Trigger of the Conflict B. Legality of Accession C. Legal Force of United Nations Resolutions D. Consequences of Domestic Law and Politics E. Bilateral Stalemate V. The Role of International Law in Managing the Conflict A. Self-determination B. The Simla Agreement C. United Nations Action D. Interstate Cooperation VI. Conclusion I. Introduction - Following the partition of India in 1947, the greatest source of tension between the new states of India and Pakistan was to be the future of the princely state of Jammu and Kashmir.