Analyzing Fundamental Rights in the Legal System of Pakistan-Administered Kashmir with Pakistani Jurisprudence on the Crossroads of Human Rights Law and Law of State Responsibility

Abstract

The study aims to analyze the fundamental rights in Azad Jammu & Kashmir with Pakistan through their supreme laws of the land within the boundaries of International Human Rights Instruments juxtaposed Law of State Responsibility and Islamic Law of Human Rights. The rapid evolution in the 20th century, which included the majority of agreements regarding the protection of human rights eventually transformed people’s thoughts about their relationship with the law of state responsibility not only at the international level but also in state laws, especially in the form of fundamental rights given almost in every constitution of the state. In case of any violation, the law of state responsibility elucidates how the culprit state is held responsible for breaching its obligations under international law. Therefore, by adopting a mixed-method approach, this study proposes the incorporation of basic rights and freedoms which are not available under the Interim Constitution of AJ&K by its administering state to ensure consistency.