Latest News – Pakistan’s latest declaration limiting the circumstances under which it will subject itself to the jurisdiction of the International Court of Justice (ICJ) will have no bearing on the Kulbhushan Jadhav consular access matter that India has raised before the world court, say legal experts.
“This case is not being brought by India under the court’s compulsory jurisdiction in the ICJ Statute, Article 36(2), as recognised by both India and Pakistan. Hence the declaration has no effect whatsoever,” said Shashank Kumar, a Geneva-based public international lawyer, who was the first Indian judicial law-clerk at the ICJ, as well as a legal adviser to the Iran-US Claims Tribunal. He noted how the ICJ in 1971 had actually looked at the relationship between the exceptions a country made in accepting the ICJ’s omnibus compulsory jurisdiction under the ICJ Statute and its obligations to accept the court’s jurisdiction under specific treaties – and concluded that the latter would not be over-ridden by the former.
“Pakistan’s declaration is in relation to the compulsory jurisdiction exercised by the ICJ under Article 36(2) of the ICJ Statute,” Dhruv Sharma, a Delhi based lawyer who specialises in public international law, told The Wire. “But India has (Read More)