The document exists. More than that, its receipt was officially acknowledged by Mountbatten in his reply. Unless it is your case that Mountbatten was colluding with the corrupt Indian leadership and was complicit in forgery.
Its receipt was officially acknowledged by Mountbatten in the capacity of Governor General of Bharat/India (not British India). And as India itself was/is a party to the dispute, that 'acknowledgment' carries no legal weight.
Again, there is no proof whatsoever that such a document ever existed. International law clearly states that every treaty entered into by a member of the United Nations must be registered with the Secretariat of the United Nations. "The Instrument of Accession" was neither presented to the United Nations nor to Pakistan. Hence India cannot invoke the treaty before any organ of the United Nations.
- He was still ruler of the state to the extent that it was not occupied by use of illegal force. Your argument would imply that all it takes to assume sovereignty is to annex the territory by use of illegal force, by unprovoked aggression.
No, my point is a legal one. As per international law, No one can transfer more rights than he possesses. And as the Maharaja was never able to establish his sovereignty in Gilgit-Baltistan, and had already lost his sovereignty over Kashmir valley, he could not transfer (the non-existent) sovereignty to India
2. The Stand Still Agreement was merely that, and in fact, since you bring it up, it was Pakistan who breached it. Surely a Stand Still Agreement does not carry with it the right to attack the other party?
Maharaja alleged that Pakistan breached the agreement ... "unsubstantiated allegations" as I stated earlier
Standstill Agreement on Kashmir was offered to Pakistan by Maharaja Hari Singh himself, of his own accord; Pakistan accepted that and it is now an international document.
A similar offer was made to India but India didn't sign such an agreement. So, over Jammu and Kashmir, only two parties – Pakistan and Kashmir were left.
In the presence of the Standstill Agreement, no other ‘accord’ as to the status of Jammu and Kashmir (including Accession Treaty) could be made at all under international law.
Even the Maharaja in his letter to Governor General of India had to give an "explanation" ... He
alleged that Pakistan had violated the agreement and he had no choice left but to accede the State of Jammu and Kashmir to India ... But as the UN rejected the Indian claim and didn't declare Pakistan an aggressor state,
these allegations remain unsubstantiated. And until and unless these allegations are proven in any international court, Maharaja's accusations and "explanation" carriy no legal weight ....
Much stronger than any other claim, Chief.
Good try, but no cigar.
Better luck next time.
That's the inconvenient truth, sir
Had you guys had a legal case in Kashmir, even a weak one, Kashmir wouldn't be on the agenda of the UN Security Council as an unresolved International dispute, even today
By formal treaty, the Islamic Republic of Pakistan agreed that all outstanding matters between it and the Union of India would be resolved bilaterally. Where does the UN stand after that, in the absence of any further authorisation other than a recommendation?
The Simla Agreement does not (and cannot) supersede UN Resolutions. Also, it does not preclude raising of Kashmir issue at the United Nations:
1) Para 1 (i) specifically provides that the UN Charter “shall govern” relations between the parties.
2) Para 1 (ii) providing for the settlement of differences by peaceful means, does not exclude resort to the means of pacific settlement of disputes and differences provided in the UN Charter.
3) The UN Security Council remains seized of the Kashmir issue which remains on the Council’s agenda.
4) Articles 34 and 35 of the UN Charter specifically empower the Security Council to investigate any dispute independently or at the request of a Member State. These provisions cannot be made subservient to any bilateral agreement.
5) According to Article 103 of UN Charter, member States obligations under the Charter take precedence over obligations under a bilateral agreement.
6) Presence of United Nations Military Observes Group in India and Pakistan (UNMOGIP) at the Line of Control in Kashmir is clear evidence of UN’s involvement in the Kashmir issue.