The dispute over whether Jammu and Kashmir belongs to India or Pakistan after the partition of British India in 1947, and whether it can become an independent state, is one of the most complex conflicts in the current international community. The United Nations has adopted a series of resolutions which have not brought a solution. The provisions of international law and legal practice give Jammu and Kashmir the right to self-determination, should the population decide so based on a plebiscite, but the latter has not taken place because of the opposition of India, which violates human rights and has also abrogated its partial autonomy.
Jammu and Kashmir has been recognised as an entity entitled to self-determination, both by British India, which has granted Jammu and Kashmir the possibility of forming its own state and by the United Nations, which was in favour of conducting an impartial plebiscite. India and Pakistan must respect the principle of pacta sunt servanda and, as members of the United Nations, must not act contrary to its purpose as defined in Article 1(2) of the Charter of the United Nations, which is the case even if they prevent the exercise of the right to self-determination.
In my master's thesis, I conclude that the people of Jammu and Kashmir have the right to external self-determination, which means the right to freely decide their own destiny. However, this will be very difficult to achieve because both India and Pakistan are not ready for it. Therefore, this will not be possible without effective diplomatic action under the auspices of the United Nations.
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