Vienna Agreement Between India And Pakistan

By December 20, 2020 No Comments

Yusuf also stated that a bilateral consular access agreement signed in 2008 between India and Pakistan could not rule out the applicability of the Vienna Convention in the case of Jadhav. “In accordance with its previous jurisprudence in other cases dealing with violations of the Vienna Convention, the Court found that the appropriate remedy was an effective review and review of Mr. Jadhav`s conviction and conviction,” he added. Specifically, the Tribunal found that under the Vienna Convention, the contracting parties could only enter into bilateral agreements confirming, supplementing, supplementing or supplementing the provisions of that instrument. After reviewing the 2008 agreement, the Tribunal concluded that it could not be understood that in the event of arrest, detention or conviction on political or security grounds, it could not be denied consular access and that it could not deriv the obligations under Article 36 of the Vienna Convention. Throughout the history of sovereign states, diplomats have enjoyed special status. Their function of negotiating agreements between states requires certain special privileges. An emissary from another nation is traditionally treated as a guest, his communication with his homeland is considered confidential and his freedom of coercion and submission by the host country is considered essential. The 1961 Vienna Convention on Diplomatic Relations is an international treaty that establishes a framework for diplomatic relations between independent countries. It establishes the privileges of a diplomatic mission that allows diplomats to carry out their duties without fear of coercion or harassment by the host country. This is the legal basis for diplomatic immunity. His articles are considered the cornerstone of modern international relations. Since October 2018, it has been ratified by 192 states.

[1] He added that another interesting legal issue to be addressed by the court was whether a bilateral consular access agreement concluded in 2008 between the two parties, India and Pakistan, could be interpreted as an exclusion from the applicability of the Vienna Convention. However, the meeting scheduled for 2 August did not take place due to differences between India and Pakistan over the conditions of consular access to Jadhav. In the year the treaty was adopted, two amending protocols were added. Countries can ratify the main treaty without necessarily ratifying these optional agreements. Access exclusive content from the Hindu business line via desktops, tablets and mobile devices. . The treaty is a comprehensive document of 53 articles. Below is an overview of the main provisions. [3] Jadhav, 49, a retired Indian navy officer, was sentenced to death for “espionage and terrorism” by a Pakistani military court after a closed trial in April 2017. India claimed that Jadhav had been abducted from Iran, where he had commercial interests after withdrawing from the navy.

. The president of the International Court of Justice, Judge Abdulqawi Yusuf, told the UN General Assembly on Wednesday that Pakistan had violated its obligations under the Vienna Convention in the case of former Indian naval officer Kulbhushan Jadhav, the PTI reported on Thursday. India argued in The Hague that the lack of consular access constituted a violation of the Vienna Convention on Consular Relations.