Jadhav Case; (India v. Pakistan)

Abstract

International Court of Justice — Jurisdiction — Whether case concerning interpretation or application of Vienna Convention on Consular Relations, 1963 (“Vienna Convention”) — Proof of Mr Jadhav’s identity concerning applicability of Vienna Convention and not jurisdiction — Whether application inadmissible — Whether India committing abuse of process — Abuse of rights as matter for merits — Clean hands doctrine

Consular relations — Whether Vienna Convention on Consular Relations, 1963 applicable in relations between the Parties — Exclusion of persons suspected of espionage from scope of Vienna Convention — Relevance of customary international law on consular access — Whether Agreement on Consular Access of 21 May 2008 displacing obligations under Article 36 of Vienna Convention — Role of Article 73(2) of Vienna Convention — Whether Pakistan breaching Article 36 of Vienna Convention — Failure to inform Mr Jadhav of his consular rights under Vienna Convention — Failure to inform India’s consular post of Mr Jadhav’s arrest and detention “without delay” — Failure to provide consular access — Remedies — Review and reconsideration — Effectiveness of review and reconsideration — Due process

Treaties — Relationship with customary international law — Vienna Convention on Consular Relations, 1963 — Customary international law regarding consular access — Whether justifying restrictive reading of Vienna Convention — Relationship between treaties — Vienna Convention and bilateral consular agreement