The Kashmir Dispute After Six Years

1953 ◽  
Vol 7 (4) ◽  
pp. 498-510 ◽  
Author(s):  
Josef Korbel
Keyword(s):  
United Nations ◽  
Security Council ◽  
The State ◽  
Jammu And Kashmir ◽  
Peaceful Settlement ◽  
The United Nations

Six years have passed since the conflict between India and Pakistan over the State of Jammu and Kashmir was put on the agenda of the Security Council. The United Nations has tried incessantly to bring it to a final and peaceful settlement but with no success. The issue continues to evade its efforts, which have been limited to mediation, and still rests finally with the parties in dispute, the governments of India and Pakistan.

3. Basic Principles for a Plebiscite Proposed by the United Nations Commission for India and Pakistan, to the Governments of India and Pakistan, December 11, 1948

1949 ◽  
Vol 3 (2) ◽  
pp. 392-393
Keyword(s):  
United Nations ◽  
The State ◽  
Secretary General ◽  
Basic Principles ◽  
Jammu And Kashmir ◽  
International Standing ◽  
The United Nations ◽  
The Government

A. The Commission reaffirms its resolution of 13 August 1948.B. The Governments of India and Pakistan simultaneously accept supplementary to this resolution the following principles:1. The question of the accession of the State of Jammu and Kashmir to India or Pakistan will be decided through the democratic method of a free and impartial plebiscite.2. A plebiscite will be held when it shall be found by the Commission that the cease-fire and truce arrangements set forth in Parts I and II of the Commission's resolution of 13 August 1948 have been carried out and arrangements for the plebiscite have been completed.3. a. The Secretary-General of the United Nations wiH, in agreement with the Commission, nominate a Plebiscite Administrator who shall be a personality of high international standing and commanding general confidence. He will be formally appointed to office by the Government of Jammu and Kashmir.b. The Plebiscite Administrator shall derive from the State of Jammu and Kashmir the powers he considers necessary for organizing and conducting the plebiscite and for ensuring the freedom and impartiality of the plebiscite.c. The Plebiscite Administrator shall have authority to appoint such staff of assistants and observers as he may require.

The Cyprus Dispute and the United Nations: Peaceful Non-Settlement Between 1954 and 1996

1998 ◽  
Vol 30 (3) ◽  
pp. 411-434 ◽  
Author(s):  
Suha Bölükbaşi
Keyword(s):  
United Nations ◽  
Security Council ◽  
International Organization ◽  
General Assembly ◽  
Relative Term ◽  
Peaceful Settlement ◽  
Permanent Settlement ◽  
The United Nations

In his landmark book on the problems and progress of international organization, Inis L. Claude wrote:“Settlement,” lİke “pacific,” is a relative term. In some cases, the realistic ideal may be not to achieve the permanent settlement of a dispute, but to persuade the parties to settle down permanently with the dispute. The agenda of the Security Council and the General Assembly are liberally sprinkled with items that are beginning to seem like permanent fixtures, quarrels which the United Nations has managed to subject to peaceful perpetuation rather than peaceful settlement.As in several other disputes, the United Nations has in the Cyprus dispute operated on the assumption that Claude described: that the enforced postponement of a showdown between the parties would make the dispute conducive to peaceful settlement. Actually, some disputes, if properly controlled over a period of time, ultimately wither into insignificance or become ripe for settlement. In some other disputes, however, a long cooling-off period may actually lead the parties to adopt more rigid and uncompromising positions, and the prospects for reasonable compromise gradually diminish.

Talking Democracy at the United Nations

2020 ◽  
Author(s):  
Sophie Eisentraut
Keyword(s):  
United Nations ◽  
Security Council ◽  
The State ◽  
General Assembly ◽  
International Organisations ◽  
Data Set ◽  
Global Democracy ◽  
Social Legitimacy ◽  
The Social ◽  
The United Nations

Legitimate rule beyond the state, it appears, can no longer be discussed without reference to the notion of democracy. This is particularly evident in the reform debates countries engage in at the United Nations. Based on a novel data set, which covers a decade of democratic discourse by 159 states about two major UN bodies, the Security Council and the General Assembly, this book contributes to a better understanding of the democratic narrative, the patterns it takes, and the drivers behind it. Its insights contribute to research on the social legitimacy of international organisations, the contested meaning of norms, and global democracy. At a time when ideological competition is picking up steam, this book attests to the power of the democratic idea.

United Nations Governance of Postconflict Societies

2001 ◽  
Vol 95 (1) ◽  
pp. 76-85 ◽  
Author(s):  
Michael J. Matheson
Keyword(s):  
Cold War ◽  
United Nations ◽  
Security Council ◽  
The State ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
New Approaches ◽  
Boundary Issues ◽  
The United Nations ◽  
The Cold War

Since the end of the Cold War a decade ago, the United Nations has exercised authority in significant new ways to address various aspects of resolving conflicts and dealing with their consequences. These new approaches have included the use offeree to end interstate and internal violence, the resolution of boundary issues and other disputes that might prolong the conflict, the elimination of threatening weapons capabilities, the prosecution of violations of international humanitarian law, and the compensation of victims of the conflict. These actions have been taken either with the consent of the state or states involved, or pursuant to the authority of the Security Council under Chapter VII of the UN Charter, or both.

Security Council

1958 ◽  
Vol 12 (2) ◽  
pp. 202-207
Keyword(s):  
United Nations ◽  
Security Council ◽  
Large Scale ◽  
Financial Integration ◽  
The State ◽  
International Agreement ◽  
Indian Constitution ◽  
Jammu And Kashmir ◽  
International Obligations

At its 791st meeting the Council began consideration of the India-Pakistan question in the light of a report by Ambassador Jarring on the visit he had made to the sub-continent at the request of the Council on February 21, 1957. The representative from Pakistan, Mr. Khan Noon, who opened the discussion, observed that Mr. Jarring stated that he could not report any concrete proposals likely to contribute towards a settlement of the dispute. Mr. Noon declared that every effort made by the four mediators appointed by the Council from time to time to create appropriate conditions in the state of Jammu and Kashmir for the holding of a fair and free plebiscite under the auspices of the UN had failed because India was not prepared to carry out its international obligations. Every suggestion made by Mr. Jarring for a peaceful solution of the problem was accepted by Pakistan, he said, so that if, as recorded in the report, his suggestions were not mutually acceptable, they were unacceptable only to India. Mr. Noon maintained that every problem having any bearing on the holding of a plebiscite was taken care of in the international agreement contained in the two United Nations Commission on India and Pakistan (UNCIP) resolutions of 1948 and 1949 and listed as violations of the resolutions a number of acts by India, such as the inclusion of Kashmir as a state of India in the Indian Constitution, and the financial integration of Kashmir into India in 1955. He enumerated several Pakistanian concessions, including the withdrawal of tribesmen and Pakistanian nationals from Kashmir in advance of the truce agreement, although this obligation arose only after the signing of the truce agreement, and the agreement to the large-scale disbandment of Azad forces before the Plebiscite Administrator assumed office, although under the UNCIP resolution this move was envisaged only after the appointment of the Plebiscite Administrator.

The United Nations Military Observer Group in India and Pakistan

1955 ◽  
Vol 9 (1) ◽  
pp. 19-31 ◽  
Author(s):  
Sylvain Lourié
Keyword(s):  
United Nations ◽  
The State ◽  
The Political ◽  
Limited Extent ◽  
Jammu And Kashmir ◽  
Political Issues ◽  
The United Nations ◽  
Actual Settlement ◽  
Political Settlement

Though the United Nations has succeeded to only a limited extent in bringing about the actual settlement or adjustment of disputes and threatening situations that have been brought to its attention, it has achieved a considerable measure of success in its efforts to bring fighting to an end and to assist the parties in maintaining the cessation of hostilities to which they have agreed. In Indonesia, the United Nations was able to follow up its success in inducing the parties to agree to a cease-fire with a valuable assist in the negotiation of a final political settlement. In Palestine, however, the United Nations contribution has been largely limited to getting the states directly involved in the fighting to agree to a cease-fire, and then to armistice agreements. The political issues involved seem as far from resolution as ever. In dealing with the dispute between India and Pakistan over the State of Jammu and Kashmir, the United Nations has likewise found itself unable to get the parties to agree on a political settlement. Nevertheless, fighting has been brought to an end, and the United; Nations has played an important part in achieving that result.

2. Resolution Adopted by the Conference on Indonesia Held in New Delhi, January 22, 1949.

1949 ◽  
Vol 3 (2) ◽  
pp. 389-391
Keyword(s):  
The Netherlands ◽  
United Nations ◽  
Security Council ◽  
New Delhi ◽  
South East Asia ◽  
The People ◽  
Peaceful Settlement ◽  
Full Effect ◽  
Republican Government ◽  
The United Nations

This conference of representatives of the Governments of Afghanistan, Australia, Burma, Ceylon, Etypt ‘sic], Ethiopia, India, Iran, Iraq, Lebanon, Pakistan, Philippines, Saudi Arabia, Syria and Yemen, affirming their support of the purposes and principles of the United Nations and the- obligation of all member states to accept and carry out the decisions of the Security Council in accordance with the Charter;HAVING CONSIDERED the situation in Indonesia in the light of all available data and, in particular, the reports submitted by the Good Offices Committee of the Security Council;BEING OF the opinion that the Dutch Military action launched on the 18th December 1948, constitutes a flagrant breach of the Charter of United Nations and defiance of the efforts of the Security Council and its Good Offices Committee to bring about a peaceful settlement;NOTING that the Netherlands authorities have failed to give full effect to the resolutions of the Security Council adopted after that date;FINDING that this action is directed against the very existence of the Republican Government which the Security Council and several member Governments of the United Nations, including the Netherlands Government itself, have recognized;CONSCIOUS of the danger to the peace of South East Asia and of the world through the continuance of hostilities in Indonesia;RECOGNIZING that the people of Indonesia are entitled, according to the principles of the Charter, to independence and the exercise of full sovereign rights;

The Powers of Investigation of the United Nations Security Council

1961 ◽  
Vol 55 (4) ◽  
pp. 892-918 ◽  
Author(s):  
Ernest L. Kerley
Keyword(s):  
United Nations ◽  
Security Council ◽  
International Organizations ◽  
United Nations Security Council ◽  
The State ◽  
State Sovereignty ◽  
The United Nations

When the Security Council of the United Nations investigates an event or situation at the scene, it establishes a credible factual basis for its consideration of the situation, and the situation itself may be stabilized by the presence of the investigators. These important benefits may involve concomitant difficulties for the state in whose territory the investigation occurs, since the presence of international investigators may be conceived of as a limitation of its sovereignty. Objections may also arise from states seeking to obscure the realities of the situation being investigated, or from states which resist as a matter of principle any functions of international organizations which appear to derogate from state sovereignty.

Chinese Participation in the United Nations: The Legal Imperatives of a Negotiated Solution

1966 ◽  
Vol 60 (4) ◽  
pp. 671-727 ◽  
Author(s):  
Myres S. McDougal ◽  
Richard M. Goodman
Keyword(s):  
United Nations ◽  
Security Council ◽  
Rational Solution ◽  
The State ◽  
General Assembly ◽  
Republic Of China ◽  
Communist China ◽  
The United Nations ◽  
The Republic ◽  
The Government

For almost a decade and one-half the Chinese participation question has challenged the United Nations. In its coming session the General Assembly will doubtlessly once again grapple with the question, but past debates do not promise rational solution. In brief summary, two claimants seek, or are proffered by others, to participate as the “State of China” in the General Assembly, the Security Council, and the Specialized Agencies. The Government of the Republic of China (Nationalist China) has held the seat since the founding of the United Nations. The People’s Republic of China (Communist China), however, commands resources of considerable magnitude, and events of recent years have enhanced its claim to participation.

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