A
long-standing TERRITORIAL DISPUTE is the case of Kashmir. The valley
of Kashmir has been a center of conflict since Ancient times. Some
trace the presence of kingdoms in this territory as early as the times of
Herodotus and Alexander. Also, from early periods there have been influences
from India and China, and different religions such as Hinduism and Buddhism,
whether Kashmir has been part of an Empire or an independent kingdom. For
instance, around 1586 the valley was taken by the Mughals, whose center of
power was Delhi. In the early 18th century, the Persians invaded Delhi.
In 1751
the Afghans took over Kashmir. After that period, the British presence is
significant in Asia. In 1809, the British authorities signed a treaty of ‘Amity
and Concord’ with Kashmir. The valley was useful for British international
agenda because of its geostrategic location against Russia, Afghanistan and
China.
In 1846, the British authorities signed the ‘Treaty of Amritsar’ with
the Dogra King of Kashmir, transferring authority to the Maharaja in exchange
for compensation. But this treaty, that was meant to be “forever” lasted only
about a century until British foreign policy changed and decolonization
started; indeed, in 1947 the British left India.
There
are often two versions of history. That is mainly because the region presents
traces of different and opposed ethnic and religious features. The two main
groups are the Hindus and the Muslims. Thus, the Hindus are divided into three
main sub-groups—Gors, Karkuns and Buhers—and the Muslims into others—Saiyids,
Mughals, Shias, etc. The differences are notorious not only between Hindus and
Muslims but also amongst the sub-groups.
In
this historical context and with this socially divided background, Kashmir was
incorporated to the Indian Union in 1947. Tension between the social groups
increased and Hindus and Muslims looked to India and Pakistan respectively for
help. Since then, the debate as to whether it should belong to one or two
nations persists. The region has been divided into two separate
administrations, that of India (Jammu and Kashmir) and that of Pakistan (Azad
Kashmir).
To
the reader, following two of our previous posts of this series about
TERRITORIAL DISPUTES:
- What are the issues at stakes in this a territorial dispute?
- Which remedy could be used to solve this particular territorial dispute?
For
reference to these questions see:
- POST 9: Territorial disputes: issues at stake
- POST 10: Territorial disputes: remedies
NOTE:
This post is based on Jorge Emilio Núñez, “Territorial Disputes and State
Sovereignty: International Law and Politics,” London and New York: Routledge,
Taylor and Francis Group, 2020 (forthcoming)
Previous
published research monograph about territorial disputes and sovereignty by the
author, Jorge Emilio Núñez, “Sovereignty Conflicts and International Law and
Politics: A Distributive Justice Issue,” London and New York: Routledge, Taylor
and Francis Group, 2017.
NEXT
POST: Territorial disputes, “A Kashmir Equation”
Monday 30th September 2019
Dr Jorge Emilio Núñez
Twitter: @London1701
