Kashmir and the application of the egalitarian shared
sovereignty
The
latest posts on this series about TERRITORIAL DISPUTES centered the attention
on Kashmir. The last two posts introduced the EGALITARIAN SHARED SOVEREIGNTY
and some key elements related to Kashmir respectively.
In
general, by applying the egalitarian shared sovereignty, as Kashmiris would be
citizens of both sovereign States, they would have a common passport—a Kashmiri
passport—valid in both Pakistan and India. In relation to their language, it is
a fact the three main spoken ones are Kashmiri, Urdu and Hindi; so they all can
be made official.
In religion, as the second pre-requisite recognizes basic
non-political liberties, freedom of belief would be adopted at a constitutional
level, so that no one may be discriminated based on religion. All this is
controlled by the lexically prior prerequisite of non-political liberties.
In
particular, as the difference in this example is given by the larger society
and stronger economy in India, this State would have a stronger constraint in
being a welcoming party for the Kashmiris (input-to-output ratio principle). In
that sense, the main concern for them—unemployment—would be acknowledged
(principle of efficiency).
That is because, although Pakistan would also have
the obligation to welcome Kashmiris as its citizens in its territory, the
Kashmiris would have the right to opt to be nationals of both States—i.e. they
have the right to relocate to either State.
Thus, even though it is a fact that
both populations, that of Pakistan and that of India are large in comparison to
Kashmir, they would not be a threat to local employees since in order to work
in Kashmir restrictions on nationals of either States would apply—because they
would be nationals of either India or Pakistan, but not Kashmiris.
In
regard to governmental corruption and threats to human rights, reciprocal
control amongst the three parties (egalitarian consensus principle) could secure an improvement in
the present situation—a point to be discussed when dealing with government in
this series.
In particular, employment opportunities generated within the
boundaries of both Kashmir because of the exploitation of natural resources,
could be the result of a joint enterprise, details of which will be discussed
when considering territory.
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: Kashmir, people and the egalitarian shared sovereignty
Tuesday 08th October 2019
Dr Jorge Emilio Núñez
Twitter: @London1701
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