Security Council Mediation and the Kashmir Dispute: Reflections on Its Failures and Possibilities for Renewal

Abstract

India and Pakistan's conflict over the legal status of Kashmir threatens the security of the entire region. In its early mediation efforts, the Security Council attempted, but failed, to bring about a permanent resolution. This Note argues that one reason for the failure was the Security Council's view of the dispute as primarily a political dispute without referring sufficiently to the legal framework of Indian and Pakistani claims to Kashmir. This Note further argues that, in light of this earlier failure, the Security Council could reinsert itself as a mediator by understanding this failure and by reengaging India, which has become resistant in the last thirty years to international mediation in Kashmir.