The concept of self-determination is an extremely potent one.

As Princeton University’s
Wolfgang Danspeckgruber has put it: “No other concept is as powerful, visceral, emotional,
unruly, and steep in creating aspirations and hopes as self-determination”.

On top of Kashmir-specific UNSC resolutions, the principle and fundamental right to self-
determination is firmly established in international law, which recognises that compliance with it
is an essential condition for enjoyment of other human rights and fundamental freedoms, be they
civil, political, economic, social or cultural. Article I of the UN Charter prominently enshrines it,
marking its universal acknowledgment as essential to the maintenance of friendly relations and
peace among states.

Moreover, it is recognised as a right in several other international law instruments. These include
the International Covenant on Civil and Political Rights, the International Covenant on
Economic, Social and Cultural Rights, the Declaration of Principles of International Law
Concerning Friendly Relations and Cooperation Among States, the Helsinki Final Act, and the
Vienna Declaration and Programme of Action. It has also been resoundingly affirmed by the
International Court of Justice (ICJ) in the Namibia, Israeli wall, and Chagos Archipelago
advisory opinions, as well as the East Timor case, in which the court confirmed its universal jus
cogens and erga omnes character.