It is interesting the Press Chairman of India at that time Justice Katju brings up this topic as this can be achieved through a solution which may be acceptable to all parties. This is known as a condominum in international law. A condominium as a solution was backed by Indian Statesmen Sheik Mohammed Abdullah (aka Sher-e-Kashmir or Lion of Kashmir), the first Prime Minister of Kashmir in 1947 and after that position was abolished, became the Chief Minister of Kashmir from 1974-1982. The subsequent 1971 Indo-Pak War and subsequent 1972 Simla Agreement and 1974 Indira–Sheikh Accord broke the momentum for this as a solution but a revisit after decades later may be useful as it is a solution backed by Indian Kashmiri Leaders. This is the brief I wrote on it earlier although I may write a full article in regards to Kashmir at a later point: The issue of a condominium between India and Pakistan on an undivided Kashmir would be good for debate as it will remain an integral part of India and an & integral part of Pakistan; while giving Kashmir the unification and independence it desires on mutually understood and agreed matters. The main issue of condominiums are that the Head of State of the newly joint sovereignty; territory is shared by the two states as some may perceive their leaders to be at the mercy of two nations instead of one now. However, condominiums; can also serve as a transnational period in political solutions for the establishment of statehood as was the case when the State of Andorra was once considered to be a French–Spanish condominium although corengency; otherwise known as sharing the Head of State, was in effect until statehood achieved. This is not the case in all condominiums; as powers of international relations were delegated in some cases by the two states in unision with coerngency. Of course, this will require extensive cooperation between the two nations but it can be the way forward for a peaceful solution taking into account all stakeholders. Condominiums can also serve as a transnational period in political solutions for the establishment of statehood as was the case when the State of Andorra was once considered to be a French–Spanish condominium although corengency, otherwise known as sharing the Head of State, was in effect until statehood achieved. Just some examples of other Condominiums; leading to independent sovereign states are: The Condominium of Bosnia and Herzegovina was jointly ruled by Cisleithanian Austria and Hungary between 1908 and 1918, while both countries were parts of the Austro-Hungarian Empire. The Independent State of Croatia during World War II from 1941 to 1943 was a condominium of Nazi Germany and Fascist Italy until the collapse of the Italian Fascist regime in 1943. Togoland, formerly a German protectorate, was an Anglo-French condominium, from when the United Kingdom and France occupied it on 26 August 1914 until its partition on 27 December 1916 into French and British zones. The divided Togoland became two separate League of Nations mandates on 20 July 1922: British Togoland, which joined Gold Coast (present day Ghana) in 1956, and French Togoland, which is now the nation of Togo. - Wikipedia Similarly, condominiums may have scope in current and future for resolving other territorial disputes as an alternative to a referendum or putting a proposal for joint sovereignty. When time allows, perhaps soon, I will write an article on this concept in relation to several territorial disputes between rival nations.
Posted on: Tue, 10 Jun 2014 07:19:11 +0000
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