Abstract

DIAZ GALAN, Elena C.  and  BERTOT TRIANA, Harold. The International Court of Justice in Jadhav case (India v. Pakistan) and a Delayed Regulatory Coupling: Right to be informed to Consular Assistance and Human Rights. Rev. Fac. Der. [online]. 2020, n.49, e116.  Epub Nov 01, 2020. ISSN 0797-8316.  https://doi.org/10.22187/rfd2020n49a16.

This article critically analyses the jurisprudence of the International Court of Justice in relation to the interpretation and application of article 36 of the Vienna Convention on Consular Relations. This time in the light of the recent decision in the Jadhav case (India vs. Pakistan), in which the Court maintains a line of jurisprudence that is analysed in its limitations in relation to human rights and which has antecedents. The aim is to demonstrate, through a legal and a case-law analysis as an essential method of work, that no decisive progress has yet been made in the recognition of the right to be informed to consular assistance as a human right with autonomy at the legal level. The International Court of Justice does not draw all the consequences in the field of human rights in this area. This work would have the value of pointing out the lines that should been followed by the Court’s jurisprudence in order to accommodate the tendency to deal with cases related to the human rights.

Keywords : Right to be informed to Consular Assistance; International Court of Justice; Vienna Convention on Consular Relations; Human Rights; Inter-American Court of Human Rights.

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