The Creation Story of Kashmiri People: The Right to Self-Determination

Author: Lone, Fozia N.

Source: Denning Law Journal, 2009 , pp. 1-25(25)

Publisher: University of Buckingham Press

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Abstract:

If a group wishes to exercise the right to self-determination, they need to establish that they are a “people” within the international law definition, thereby triggering the ability to claim this right. Thus, the definition of the term “people” is the key in cases of self-determination and always posits difficult challenges. This article aims to determine whether the “Kashmiri people” could be identified as a group that fits within the contemporary non-exhaustive definition of people. Having ascended from the level of subjects of an autocratic rule to victims of human rights violations, are Kashmiris now in a position to exercise a right to self-determination?

Document Type: Research article

Publication date: 2009-08-13

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