Using the Conflict Clause in the Vienna Convention on Consular Relations against Pakistan in the Kulbhusan Jadhav Case

Using the Conflict Clause in the Vienna Convention on Consular Relations against Pakistan in the Kulbhusan Jadhav Case

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In the case of Kulbhushan Jadhav, the Court may have to answer the question of whether or not the 2008 Bilateral Agreement between India and Pakistan can restrict the scope of the Vienna Convention on Consular Rights (VCCR). This Article suggests that India could use Article 73(2), VCCR as a conflict clause to argue in the negative. Alternatively, it could challenge the interpretation of the 2008 Agreement to fall within the ambit of the VCCR.