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Адвокат Пакистан / АДВОКАТЫ АЗИИ / LAWYER PRACTICE / Articles

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Out of the States which are disputed territories between India and Pakistan. Kashmir and Donbass

Out of the States which are disputed territories between India and Pakistan

Pakistani-Indian relations since the separatist branch of Pakistan from India have characteristic similarities with the situation in Ukraine.

Separation from the new state controlled by Great Britain India with the help of the United States led to a military confrontation, just as it happened in the relations between Ukraine and Russia.

Legally there are still territories that are disputable between India and Pakistan, it is Kashmir, the fate of which repeats the Donbass.

It is because of this similarity of situations that it is possible to study more deeply the situation that has developed in this region.

Of course, we are most interested in observing the rights of the local population, the history of the development of law in this territory and legality, the migration processes from Kashmir to Pakistan and India.

Once again we are convinced that everything that happens in the legal relationship between people has already happened before. We just need to remember the story.

So, Kashmir is very important for Delhi's domestic policy, since its rejection would significantly strengthen the separatist tendencies within the state.

Pakistan is not so tightly connected historically and economically with Kashmir as India, although it should be recognized that on religious grounds this disputed territory is closer to Pakistan than India.

As you know, Pakistan has become its time as a religious state, India has always been against territorial division on religious grounds. The events in Kashmir began to unfold not because of the invasion of the Pakistani side of mountain tribes on October 30, 1947, but with the publication on May 12, 1946 of the memorandum of the British government mission about the Indian principality and the announcement on June 3, 1947 of Lord Mountbetten's plan for the partition of British India.

London was interested in joining Kashmir with Pakistan, and Washington actively supported it. This position of Britain and the US is due to the desire to establish control over the area, which was assigned an important place in the military plans of Western states in Asia.

In the late 40's - early 50's, the United States and Great Britain began to draw up plans for the creation in Kashmir of military bases directed against the USSR, and subsequently against the PRC.

The Pakistani-Indian armed conflict over Kashmir lasted more than a year, and it was only on January 1, 1949, through the special commission 00H, that an agreement was reached on the mutual cessation of hostilities. According to Security Council resolutions 00 on July 13, 1948 and January 5, 1949, the ceasefire line that divided the principality of Jammu and Kashmir was established, is not the only geographical, ethnic or religious community, into two parts.

Controlled by his armed forces, the western and northern areas of the principality, named Azad Kashmir, have withdrawn to Pakistan. Two-thirds of the principality, under its historical name, went to the Indian Republic. India did not comply with the requirement to hold a plebiscite in Kashmir on its accession to India or Pakistan, citing the refusal of the latter to withdraw its troops from the seized part of the principality, and that the decision to join the principality of Jammu and Kashmir into India was taken by its ruler Hari Singh and the legal principality is an integral part of India. Probably, not the last factor of India's refusal to hold a plebiscite was the threat of strengthening the separatist movement in the country, which could lead to its disintegration. All further attempts to resolve the differences between India and Pakistan over obligations in accordance with Security Council resolutions of July 13, 1948 and January 5, 1949 proved ineffective. In 1951-1952,

The Indian government created the Constitutional Assembly of the State of Jammu and Kashmir to determine its future, which aroused Pakistan's discontent and sharp criticism from the United States. In February 1954, the Constitutional Assembly was unanimously ratified the decision to join the state to India. After the signing in May 1954 of the Pakistani-American treaty on mutual assistance in the field of defense, the attitude of the West to the Kashmir issue was changed.

Since this year, the United States began supplying arms to its ally, which, according to the Indian side, "could not be regarded otherwise than interference in the Indian-Pakistani conflict over Kashmir, temporarily settled in 1949."

Pakistan and Kashmir assumed great importance for the United States as a military stronghold against the spread of communism in Asia. That is why during the discussion of the Kashmir issue in the Security Council 00H in the 1950s, the Anglo-American bloc supported Pakistan's position.

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