Impact of Shimla Agreement on the Application of UN Resolutions on Jammu and Kashmir: A Critical Analysis under International Law

Abstract

The purpose of this paper is to explore and analyze the impact of the Shimla Agreement on the application of the United Nations’ resolution on Jammu and Kashmir with special reference to the International law. The conflict of Jammu and Kashmir has been a longstanding conflict for right to self-determination for people of Jammu and Kashmir. There are almost twenty resolutions of the UNSC and UNCIP on Jammu and Kashmir and the issue is still pending in the United Nations Security Council. However, there has been a debate on the impact of the Shimla agreement on the applicability and validity of the resolutions of the United Nations in post 1972 scenario. This paper will critically analyze and objectively review the various legal dimensions of the Shimla Agreement in juxtaposition with the leading principles of International law as well as decisions of the ICJ on similar matters. Moreover, this paper will also analyze the nature, scope and applicability of the resolutions of the UNSC and UNCIP in the light of the International law. The findings of this research work are based upon the critical review of the existing literature on the Shimla Agreement and its impact on the UN Resolutions.  This study will suggest the effective analysis and will address all the questions pertaining to the nature, scope and legal impact of the Shimla Agreement on the nature and scope of applicability of UN Resolutions on Jammu and Kashmir. This study can be very useful and relevant in future to analyze the nature of the Shimla agreement and the binding nature and applicability of the resolutions of the United Nations on Jammu and Kashmir.