Critical Analysis of International Dispute Resolution System in the Light of Kulbhushan Jadhav Case Study

In this research paper, researcher is attempting to conduct a critical analysis of the judgment pronounced by International Court of Justice in the matter of Kulbhushan Jadhav case between India and Pakistan. The case has been a landmark instance for the whole international dispute resolution mechanism persisting in current global situation. The instance has a unique significance for scholars as the disguised drawbacks of international law have been brought to light yet again. In India v. Pakistan1 (Official name of Kulbhushan Jadhav case), the International Court of Justice [ICJ] found that Pakistan had violated its obligations under Article 36 of the Vienna Convention on Consular Relations. Therefore, Pakistan must continue to subject Jadav's conviction and sentencing to effective review (ERR) using methods of its own choosing. In this paper, researcher intends to analyse the same issue in detail while analysing the Kulbhushan Jadhav case and its aftermaths. India and Pakistan have been against each other since 1947 and this issue has unfortunately been one among them where the life of an individual has been at stake and stuck between the tussle of the geo-politics between the countries.

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Publication Details

Journal
Groningen Journal of International Law
Published
2024-09-23
DOI
https://doi.org/10.21827/grojil.11.1.117-128
Primary Topic
Bangladesh Politics, Society, and Development
Type
article
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article

Critical Analysis of International Dispute Resolution System in the Light of Kulbhushan Jadhav Case Study

Kanhaiya Singhal
Groningen Journal of International Law
Bangladesh Politics, Society, and Development
article

Critical Analysis of International Dispute Resolution System in the Light of Kulbhushan Jadhav Case Study

Kanhaiya Singhal
article en

Abstract

In this research paper, researcher is attempting to conduct a critical analysis of the judgment pronounced by International Court of Justice in the matter of Kulbhushan Jadhav case between India and Pakistan. The case has been a landmark instance for the whole international dispute resolution mechanism persisting in current global situation. The instance has a unique significance for scholars as the disguised drawbacks of international law have been brought to light yet again. In India v. Pakistan1 (Official name of Kulbhushan Jadhav case), the International Court of Justice [ICJ] found that Pakistan had violated its obligations under Article 36 of the Vienna Convention on Consular Relations. Therefore, Pakistan must continue to subject Jadav's conviction and sentencing to effective review (ERR) using methods of its own choosing. In this paper, researcher intends to analyse the same issue in detail while analysing the Kulbhushan Jadhav case and its aftermaths. India and Pakistan have been against each other since 1947 and this issue has unfortunately been one among them where the life of an individual has been at stake and stuck between the tussle of the geo-politics between the countries.

Groningen Journal of International LawVol. 11(1)
Openalex Percentile: Top 75%
Bangladesh Politics, Society, and Development
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Critical Analysis of International Dispute Resolution System in the Light of Kulbhushan Jadhav Case Study — Kanhaiya Singhal · Groningen Journal of International Law (2024) | TGRS Research Map | TGRS