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International Law

The United Nations and the Neglected Conflict of Kashmir

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The principle of ‘right of self-determination’ and its applicability to the 72-year-old Kashmir conflict needs to be considered during the 75th session of the Fourth Committee of the United Nations General Assembly that is taking place between October 8 to November 10, 2020 at its headquarters in New York. The Committee will discuss and deliberate the issues related to international conflicts and decolonization. What I do hope to offer is an unstarry-eyed view of the fate of self-determination in Kashmir; and, the indispensability of convincing the United Nations that international peace and security would be strengthened, not weakened, by resolving the Kashmir conflict to the satisfaction of all parties concerned..

The self-determination of peoples is a basic principle of the United Nation Charter, which has been reaffirmed in the Universal Declaration of Human Rights, and applied countless times to the settlement of international disputes.

The concept seems to be as old as Government itself and was the basis of French and American revolutions. In 1916, President Wilson stated that self-determination is not a mere phrase. He said that it is an imperative principle of action and included it in the famous 14-point charter. This gave a prominence to the principle. Self-determination as conceived by Wilson was an imprecise amalgamation of several strands of thought, some long associated in his mind with the notion of “self-determination,” others hatched as a result or wartime developments, but all imbued with a general spirit of democracy.

Self- determination is a principle that has been developed in philosophic thought and practice for the last several hundred years. It is an idea that has caused people throughout the world to rise up and shed the chains of oppressive governments at great risk.

Finally, in 1945 the establishment of the UN gave a new dimension to the principle of self-determination.  It was made one of the objectives, which the UN would seek to achieve, along with equal rights of all nations. Article 1.2 of the Charter of the Untied Nations reads: “To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples.”

From 1952 onwards, the General Assembly of the UN adopted a series of resolutions proclaiming the right to self-determination. The two most important of these are resolution 1514 (XV) of 14 December 1960 and resolution 2625 (XXV) of 24 October 1970. Resolution 1514 was seen almost exclusively as part of process of decolonization. 1514 is entitled: Declaration on the Granting of Independence to Colonial Countries and Peoples.”

International Court of Justice considered the several resolutions on decolonization process and noted:  “The subsequent development of International Law in regard to non-self governing territories as enshrined in the Charter of the UN made the principle of self-determination applicable to all of them.”  This opinion establishes the self-determination as the basic principle for the process of de-colonization.

The principle of self-determination in modern times can be defined as the right of peoples to determine their own political status and pursue their own economic, social and cultural policies.  Self-determination in its literal meaning or at a terminological level also implies the right [of a people] to express itself to organize in whatever way it wants. A people must be free to express their will without interference or threat of interference from a controlling authority. This includes alien domination, foreign occupation and colonial rule.

Although, the applicability of the principle of the self-determination to the specific case of Jammu and Kashmir has been explicitly recognized by the United Nations. It was upheld equally by India and Pakistan when the Kashmir dispute was brought before the Security Council. Since, on the establishment of India and Pakistan as sovereign states, Jammu and Kashmir was not part of the territory of either, the two countries entered into an agreement to allow its people to exercise their right of self-determination under impartial auspices and in conditions free from coercion from either side. The agreement is embodied in the resolutions of the United Nations Security Council, explicitly accepted by both Governments. It is binding on both Governments and no allegation of non-performance of any of its provisions by either side can render it inoperative.

It is apparent from the record of the Security Council that India articulated the principle, accepted the practical shape the Security Council gave to it and freely participated in negotiations regarding the modalities involved. However, when developments inside Jammu & Kashmir made her doubt her chances of winning the plebiscite, she changed her stand and pleaded that she was no longer bound by the agreement. Of course, she deployed ample arguments to justify the somersault. But even though the arguments were of a legal or quasi-legal nature, she rejected a reference to the World Court to pronounce on their merits. This is how the dispute became frozen with calamitous consequences for Kashmir most of all, with heavy cost for Pakistan and with none too happy results for India itself.

By all customary moral and legal yardsticks, 23 million Kashmiris from both sides of the Ceasefire Line (CFL) enjoy a right to self-determination. Kashmir’s legal history entitles it to self-determination from Indian domination every bit as much as Eritrea’s historical independence entitled it to self-determination from Ethiopian domination.

India’s gruesome human rights violations in Kashmir also militate in favor of self-determination every bit as much as Yugoslavia’s human rights violations and ethnic cleansing created a right to self-determination in Bosnia and Kosovo. Kashmir’s history of social and religious tranquility further bolsters its claim to self-determination every bit as much as East Timor’s history of domestic peace before Indonesia’s annexation in 1975 entitled it to self-determination in 1999.                                   

If law and morality are overwhelmingly on the side of Kashmiri self-determination, then why has that quest been thwarted for 72 years? The answer is self-evident: the military might of India. India is too militarily powerful, including a nuclear arsenal, and too economically mesmerizing to expect the United States, the United Nations, NATO, or the European Union to intervene. The United States is reluctant to exert moral suasion or pressure to prod India because it covets more India’s alluring economic markets and collaboration in fighting global terrorism.  Further, the size and wealth of the Indian lobby in the United States dwarfs the corresponding lobbies supporting Kashmir.  

The world powers need to understand that there is no way the dispute can be settled once and for all except in harmony with the people’s will, and there is no way the people’s will can be ascertained except through an impartial vote. Secondly, there are no insuperable obstacles to the setting up of a plebiscite administration in Kashmir under the aegis of the United Nations. The world organization has proved its ability, even in the most forbidding circumstances, to institute an electoral process under its supervision and control and with the help of a neutral peace‑keeping force. The striking example of this is Namibia, which was peacefully brought to independence after seven decades of occupation and control by South Africa; East Timor and Southern Sudan, which got independence only through the intervention of the United Nations. Thirdly, as Sir Owen Dixon, the United Nations Representative, envisaged seven decades ago, the plebiscite can be so regionalized that none of the different zones of the state will be forced to accept an outcome contrary to its wishes.

In conclusion, a sincere and serious effort towards a just settlement of the Kashmir dispute must squarely deal with the realities of the situation and fully respond to the people’s rights involved in it. Indeed, any process that ignores the wishes of the people of Kashmir and is designed to sidetrack the United Nations will not only prove to be an exercise in futility but can also cause incalculable human and political damage.

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International Law

An interview with Joel Angel Bravo Anduaga: Are international organizations still relevant?

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With recent developments in the international arena, and ghost conflicts from the past exacerbating contemporary global issues, it is inevitable to question what is happening with international organizations in different regions across the globe. Joel Bravo shares his insights about the importance of international organizations nowadays. Mr. Bravo is an international affairs practitioner with more than twenty years of experience managing design and implementation of strategies aimed at institutional strengthening and governance. Joel is a former electoral adviser for the United Nations to Ivory Coast (West Africa) and Timor-Leste (South-East Asia), respectively. Currently, he is a PhD candidate in Processes and Political Institutions at the University Adolfo Ibañez in Chile and a Professor at the Tecnologico de Monterrey University in Mexico. His ample experience in the field of international affairs as well as his theoretical and practical knowledge and expertise in international organizations, is crucial to help us understand the current state, challenges, and opportunities organizations faced by ongoing international conflicts.  

What is the current role of international organizations?

For starters, Joel Bravo made it clear that is very important to take into account the period we talk about when explaining the role of international organizations because different periods in time have called for different roles. There must be a differentiation between what these organizations should do and what they can do. There are two levels of analysis towards them. First, the operational level which entails the everyday actions. Second, what the mass media portrays the actions of the organizations to be. There is a lot of speculation in the media about whether the United Nations (UN) works or if the North Atlantic Treaty Organization (NATO) has a fair agenda, however in the operational sense they still work every day. Hence, the true answer lies within the background and the essence of each organization; circumstances and the purpose of each one are key.

From your personal experience in the peace missions of the Ivory Coast and Timor-Leste, what is your opinion about the influence of international organizations when it comes to conflict resolution?

To begin with, Mr. Bravo explained that the interests of world powers and regional powers are crucial factors. In both cases mentioned, it logically depended on the context of the countries directly involved and the external countries as well. So, it is a mix of variables that must be considered to see what the influence of an international organization in these situations truly is. Meanwhile, in Ivory Coast, at some point, the peace mission led to elections after a certain time; the peace operation from the Security Council was one of accompaniment. In contrast, the mandate that was held in the different missions in East Timor gave the United Nations more power, not only to organize the elections from a logistical and operational point of view, but also to make political decisions.

How do international organizations influence the exercise of democracy?

Joel Bravo shared that sometimes democracy can be seen simply as a concept and other times as a system or a way of living; it stretches and lengthens according to conditions and needs. Elections are a clear example of this. In the case of Ivory Coast, the efforts to hold elections started in 2005 and did not happen until 2010 because there were no appropriate internal or external conditions. On the other hand, in East Timor in 1999, when the referendum was held and then the presidential elections occurred, it was because there were conditions to do so. Additionally, it is crucial to understand what as well the underlying interest of each international organization is: to hold elections first, and then pacify the country, or pacify the country first then hold elections. Thus, the process of adaption also proves to be a strong challenge. Many factors must be taken into consideration to have a successful democracy in practice and not only in theory, understanding democracy in a broad sense and not simply from the electoral perspective.

Do you consider that international organizations are essential so that the citizens of a country can fully exercise their rights and freedoms? Why?

Initially, Mr. Bravo began explaining the difference between international organizations being essential or necessary. He claims they are not essential but rather necessary, because in many cases there have been accusations of international organizations working in favor of specific interests and being co-opted by world powers. Nonetheless, specifically for the citizens, with the idea of liberal democracy in mind, non-democratic countries would definitely need more the support of international organizations. Yet here we come to a paradox, because if a country is not democratic, thinking for example of North Korea, it is not going to allow an organization to carry out supervision, both in internal and external matters. Then, yes, the presence would probably become essential, but it is not decisive. On the other hand, these matters should be dealt with carefully because, sometimes, the media places excessive responsibility on international organizations. It is true that they help countries, and provide validation, but, at the end of the day, they are still constrained by the context and environment of each case.

Are international organizations accountable?

All organizations, or at least the most important and most robust have internal instruments, instances of accountability, of transparency; to a certain extent they self-monitor. Nevertheless, for example, security organizations such as NATO, due to their nature it is difficult for there to be proper transparency because it would be a matter of national security for the members and the region. It depends on the organization, there are some that can be more controlled. There are some that are highly questioned, for instance, the International Monetary Fund or the World Bank, both which possess control mechanisms, but the question is who determines those mechanisms. Before the West was the main axis for how accountability is and is delivered; it was not questioned because there was no counterpart. China and Russia are now acting as a counterpart and there is a questioning of that order.

What impossibilities can international organizations have that do not allow them to operate as they are expected to do so in theory?

First of all, the nature of each organization is key. Nation-States are the first and focal factor. Anyhow, any international organization also considers at least two other variables, two other types of actors: economic interests represented by the companies that do lobbying and organized civil society; both of which influence decision-making and public opinion, more so in this age of social networks and cyberspace. The word international is now set too short, it would be better to called them world organizations, global organizations or regional organizations but speaking in terms of international continues to think of the Nation-State as the center, constraining its potential.

With new international conflicts developing, how does the role of international organizations change? Are they still relevant?

From a traditional point of view, the Russian-Ukrainian conflict logically has relevance, and it has been proven that international organizations sometimes fall short. Thinking, for example, of the United Nations, NATO and the Organization for Security and Cooperation in Europe (OSCE), which to a certain extent could not have prevented the conflict but do have a leading role. On the contrary, if these new conflicts are unknow territory, for example, what happens in the cyberspace, then international organizations are falling behind. Current conditions are shaping up to a hyper-specialization of international organizations. They are becoming increasingly technical, focusing on what needs fixing and working to agree on very specific issues. For these reasons, international organizations are in a process of adaptation. It would seem like it is still slow due to bureaucratic processes, but their relevance is still present.

What is the future of international organizations?

Mr. Bravo answered that there will be a greater presence of regionalization in international organizations that goes hand in hand with specialization. This occurs for example with NATO: in its name it continues to apparently be regional, but it is expanding.  Also, the creation of new organizations is happening, like AUKUS, which on the one hand seems to be new, but it is a continuation of political dialogue mechanisms that were already established and that are now becoming more structured. Whilst the power structure is not perceived clearer, a global restructuring of international organizations cannot be mentioned. However, what can be mentioned is a sense of greater conformation, reactivation, and strengthening of the schemes. There is a cohabitation to a certain extent of the old, traditional organizations that come from the second post-war period that have been adapting, with the new problems and the new-old problems that evolved. Especially technology, social networks and the internet have a lot to do with these transformations.

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International Law

The Noble Nobel

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One of the most coveted awards in human history, the Nobel Prize was created by the last will and testament of Alfred Nobel, inventor of the “dynamite”. These are essentially personal awards from his private estate but has since evolved into something much larger. All the Nobel Prizes are awarded in Sweden except for the Peace Prize given in Norway. Alfred Nobel flourished during the Industrial Revolution, when the United Kingdoms of Sweden and Norway were still together, amassing his fortune making military weapons. Some argue that these prizes were posthumously conceived to improve his reputation.

Nobel Prizes are awarded in the fields of Chemistry, Physics, Medicine, Literature, and the most coveted, the Peace Prize. In his will, Alfred Nobel characterized the Peace Prize to be given “to the person who has done the most or best to advance fellowship among nations, the abolition or reduction of standing armies, and the establishment and promotion of peace congresses”.

More than a century later, has the Nobel Peace Prize lost its luster?

The Norwegian Nobel Committee, a five-member committee appointed by the Parliament of Norway chooses the recipient. Interestingly, despite being appointed by Parliament, the committee is a private body tasked with awarding a private prize. Unless the Committee becomes inclusive, it will lose its moral authority in an increasingly divided world.

Russian journalist, Dmitry Andreyevich Muratov, drew international headlines after auctioning off the Nobel Peace Prize he had won last year for a record $103.5 million to aid Ukrainian refugees.

In doing so, he showed a level of responsibility and moral leadership that has unfortunately been lacking in the institution of the Nobel Prize itself.  This auction presents a moment to reflect on the future of the prestigious award.

Since its inception, nearly every winner of the Nobel Prize for Science has been a “white” man – as almost no scientist that were female or of any other ethnicity were deemed worthy enough to win this illustrious award. Not only this, but only four of the 200 winners in the history of the Nobel Prize for Physics have been women. The committee’s nomination and selection processes are reflected by the institution’s lack of diversity, tainting the reputation of a prize intended to celebrate humanity. This matters especially today because moral leadership is needed more than ever.

In these testing times, when the global powers are wrestling against the climate crisis, terrorism, population growth, food insecurity, refugee crisis, religious violence, Islamophobia, racism, and conflicts like the Russia-Ukraine war and its repercussions on world peace, the Nobel committee must demonstrate moral leadership. And it can only do so by redressing its centuries’ old gender and racial disparities against nominees.

The Nobel Prize committee has been on shaky ground in recent times. In matters of war and peace, the stakes are higher. In retrospect, the last two times it selected a head of state were a disaster. In 2009, the committee selected then-President Barrack Obama at the beginning of his presidency. The award was given in the hope that President Obama might change the direction of his country after he had campaigned for the office in part of his opposition to previous heavy-handed military interventions in the Middle East – notably in Iraq. This anti-war sentiment was what the Nobel committee likely honed in on when selecting him for the award.

Yet, President Obama authorized a military surge in Afghanistan and the invasion of Libya. The botched Libya invasion did remove Muammar Gaddafi, but it also helped destabilize the Sahel region, instigating a state of instability and chaos that is still with us today.

The Nobel Committee was on firmer ground when it chose Muratov along with Filipino journalist Maria Ressa “for their efforts to safeguard freedom of expression, which is a precondition for democracy and lasting peace.”

Ressa is considered a brave journalist, but many in the Philippines will say otherwise and even wonder if the award was given erroneously.

Furthermore, in the case of Muratov, it is worth asking if the undisclosed bidder for his Nobel Peace Prize – was, in fact, the Norwegian government. What we know for sure is that Norway recently handed 4 million Euros worth of seized Russian media assets to Muratov.

Cordell Hull, who secured the Nobel Peace Prize in 1945 for his role in establishing the United Nations, was the same person who turned away Jewish refugees fleeing the Holocaust by redirecting their ships to the infamous concentration camps. On 5 June 1939, he returned a ship carrying 937 passengers. Over a quarter of them ended up dying in the Holocaust.

There have been some glaring omissions as well. At least one is worth noting. Indian leader Mahatma Gandhi, one of the most significant persons of our time. Even today he is a byword for peace activism. Yet even he failed to win the Nobel Peace Prize, despite being shortlisted five times. In 2006. the former director of the Nobel Institute, Geir Lundestad, said the most significant omission in the prize’s history was never awarding the peace prize to the Indian political activist Mahatma Gandhi. However, the committee’s Euro-centric inclinations kept him from receiving the prize.

The sad reality appears to be that the Nobel Peace Prize committee blurs the lines between being an independent institution guided by clear moral principles and one that is a realpolitik instrument of Norwegian foreign policy. It was only in 2017 that the committee prevented current members of the Norwegian parliament from serving on the committee. However, the membership of the committee is currently selected by Norway’s Parliament and perhaps not surprisingly includes four politicians. Two of whom are former government ministers.

With Russia invading Ukraine, China making its own bold land grab in the South China Sea, disinformation on the rise, and many democracies in OECD countries facing a populist if not putschist threat, clear moral leadership on the international stage is needed more than ever.

The Nobel Prize Committee, in this context should take several reforms designed to make the organization more representative.

Firstly, the organization should clearly establish itself as a civil society organization – not an arm of Norwegian foreign policy. The presence of former or current politicians on the committee should be limited if not removed entirely. More civil society leaders like human rights experts would go a long way here.

Second, the committee lacks diversity considering it is composed of entirely of people from white, Christian backgrounds and, of course, Norwegian. Why aren’t representatives of Norway’s immigrant communities or even the ethnic Sami people a key feature of its famed instrument of soft power?

Thirdly, the committee should not be afraid to revoke the Nobel Prizes given to individuals who later betray its principles.

Again, these are extraordinary times, and the Nobel Committee is an important institution whose peace prize is closely followed globally. With Western institutions under pressure, the Nobel Peace Prize is an entity worth saving. The choice is Norway’s.

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International Law

Regulate outer space before it is too late

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The war in Ukraine has reached outer space as Russia and the United States lock horns in flag-waving catfightsin the International Space Station, long heralded as the epitome of international co-operation. This is the second international conflict manifesting itself in space in just over a month. A few weeks ago, the collapse of the Kleo Connect joint venture between Europe and China, aimed at producing hundreds of Low-Earth Orbit satellites, highlighted the fragility of the space domain.

These developments are a timely reminder that the EU’s new multilateral space initiatives are not sufficient and need to be accompanied by a durable framework for cooperation and non-conflictual competition in space.

Outer space is a global commons, which means it is in everyone’s interest that new codes of conduct and treaties are implemented to ensure greater collaboration between states and private space actors. So how do we keep the peace in space while still encouraging healthy competition the fuels innovation? The key lies in smart regulation and strong multilateral consensus. Given the intimate connection between space security and terrestrial security, a simple yet compelling principle must guide space security and inter-state relations down here on Earth: if outer space becomes critically unsafe, it will be unsafe for everyone without exception. 


The rules, or lack thereof, that govern space today, are already directly impacting our relations here on Earth. The quest for space supremacy has catalysed the increasingly fraught relations between the U.S., China and Russia, as well as between the UK and the EU, as Brexit forced Britain to leave the EU’s Galileo system.


Competition in the space domain is crucial for the development and improvement of increasingly complex space technologies. However, this unchecked, and potentially conflictual competition, has come hand in hand with an increasingly insecure space frontier. The global race for ever more accurate satellite infrastructure has induced a rise of increasingly hostile cyber operations. The transmission of counterfeit signals, known as spoofing, the intentional interference of signals, known as jamming, hijacking and even direct kinetic attacks are likely to become more frequent as they given the cloak of national security. They are a growing concern for sustainable global security.


Despite its limitations, the Outer Space Treaty of 1967, established over half a century ago, remains the foundation of international space law and is the most important of the UN’s five major space treaties. The lack of a renewed treaty capturing all the technological advancements achieved over the last decades has created a vacuum in the space domain that has been filled by increasing anarchy and narrow unilateral geopolitical goals.


While the 1967 treaty critically prohibits the deployment of weapons of mass destruction in outer space, it does not prohibit the launch of ballistic missiles through space. It also does not prohibit the placement of non-nuclear weapons in space. In short, the treaty does not prevent all forms of escalation, and it leaves many issues unaddressed, particularly in the age of new weapons and cyber technologies. The unwillingness of the signatory parties to develop their space capacities exclusively for “peaceful purposes”, as stipulated in the treaty, has set a precedent for accepting militarised space use, which continues today.


While space infrastructure undoubtedly holds an important role in national defence and security, it also plays a pivotal role in our global economy. Our global communications systems powered by satellites allow us to closely monitor the trillions of dollars’ worth of goods being traded every day. We receive crucial intelligence regarding geological and meteorological developments through our satellites that allow us to thwart natural disasters saving trillions of dollars and thousands of lives in the process. Satellites now also play a decisive role in our ability to monitor and track worrying changes in our climate and environment. More resources need to be allocated into these crucial activities and away from reckless military escalation.


The use of the ISS for national propaganda and the collapse of the Kleo Connect joint venture illustrates that the trust and cooperation needed for rival countries to navigate the space economy are still in short supply. The EU’s new Space Traffic Management initiative aims to develop an EU strategy to ensure the safe and sustainable use of space while preserving the EU space industry’s competitiveness. It is a step in the right direction but it is not enough to defuse tensions in space. Given the critical role of outer space both for civilian and military purposes, a carefully managed, well-regulated and cooperative framework is indispensable moving forward. Gaps in space law, such as over space mining and debris and the role of private actors, will need to be addressed responsibly within international fora with legally binding agreements. Other neglected areas include space debris mitigation, situational awareness and space traffic management rules. The same ethos that spearheaded the successful Nuclear Non-Proliferation Treaty and the Partial Test Ban Treaty must steer our space relations. 

Our advanced societies are becoming increasingly and irreversibly overdependent on outer space in our daily activities. Therefore, any disruption or conflict in outer space, intentional or accidental, will be at the detriment of us all. Regulating space is an urgent priority for the global community – it is high time that it is treated as one.

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