“If he so requests?” The Jadhav Judgment and Article 36(1)(b) of the Vienna Convention on Consular Relations

Abstract

...the present contribution will critically reflect on this decision and its implications for the individual’s right to consular notification under the VCCR. To achieve its objectives, this article starts by providing a brief analysis of the preparatory works of the right to consular notification under the VCCR as well as its subsequent development in the jurisprudence of the ICJ. Following that, it will analyse the key findings and the reasoning of the Court in Jadhav, before turning to an analysis of the implications of the Court’s decision on the interpretation and application of article 36 (1)(b) VCCR.