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The preamble of the Vienna Convention states that “the rules of customary international law continue to govern matters not expressly regulated by the provisions of the present Convention”. Article 36 of the Convention expressly regulates the question of consular access to, and communication with, nationals of the sending State and makes no exception with regard to cases of espionage. Therefore, Article 36 of the Convention, and not customary international law, governs the matter at hand in the relations between the Parties.
Point (vi) of the 2008 Agreement provides that “In case of arrest, detention or sentence made on political or security grounds, each side may examine the case on its merits”. It also recalls that, in the preamble of the Agreement, the Parties declared that they were “desirous of furthering the objective of humane treatment of nationals of either country arrested, detained or imprisoned in the other country”. The Court is of the view that point (vi) of the Agreement cannot be read as denying consular access in the case of an arrest, detention or sentence made on political or security grounds.
(1). It has already found that Pakistan acted in breach of its obligations under Article 36 of the Vienna Convention:
(i) by not informing Mr. Jadhav of his rights under Article 36, paragraph 1 (b);
(ii) by not informing India, without delay, of the arrest and detention of Mr. Jadhav; and
(iii) by denying access to Mr. Jadhav by consular officers of India, contrary to their right, inter alia, to arrange for his legal representation.
Pakistan is under an obligation to cease those acts and to comply fully with its obligations under Article 36 of the Vienna Convention. Consequently, Pakistan must inform Mr. Jadhav without further delay of his rights under Article 36, paragraph 1 (b), and allow Indian consular officers to have access to him and to arrange for his legal representation, as provided by Article 36, paragraph 1 (a) and (c).
Q. Which of the following is true with respect to the given passage in connection to consular access.
  • a)
    the rules of law customary international law do not apply in case of Vienna connection.
  • b)
    Vienna convention deals with matters related to water treaties during war.
  • c)
    Vienna convention allows consular access except in case of spying.
  • d)
    Vienna convention deals with relations between two nations.
Correct answer is option 'D'. Can you explain this answer?
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The preamble of the Vienna Convention states that “the rules of customary international law continue to govern matters not expressly regulated by the provisions of the present Convention”. Article 36 of the Convention expressly regulates the question of consular access to, and communication with, nationals of the sending State and makes no exception with regard to cases of espionage. Therefore, Article 36 of the Convention, and not customary international law, governs the matter at hand in the relations between the Parties.Point (vi) of the 2008 Agreement provides that “In case of arrest, detention or sentence made on political or security grounds, each side may examine the case on its merits”. It also recalls that, in the preamble of the Agreement, the Parties declared that they were “desirous of furthering the objective of humane treatment of nationals of either country arrested, detained or imprisoned in the other country”. The Court is of the view that point (vi) of the Agreement cannot be read as denying consular access in the case of an arrest, detention or sentence made on political or security grounds.(1). It has already found that Pakistan acted in breach of its obligations under Article 36 of the Vienna Convention:(i) by not informing Mr. Jadhav of his rights under Article 36, paragraph 1 (b);(ii) by not informing India, without delay, of the arrest and detention of Mr. Jadhav; and(iii) by denying access to Mr. Jadhav by consular officers of India, contrary to their right, inter alia, to arrange for his legal representation.Pakistan is under an obligation to cease those acts and to comply fully with its obligations under Article 36 of the Vienna Convention. Consequently, Pakistan must inform Mr. Jadhav without further delay of his rights under Article 36, paragraph 1 (b), and allow Indian consular officers to have access to him and to arrange for his legal representation, as provided by Article 36, paragraph 1 (a) and (c).Q.Which of the following is true with respect to the given passage in connection to consular access.a)the rules of law customary international law do not apply in case of Vienna connection.b)Vienna convention deals with matters related to water treaties during war.c)Vienna convention allows consular access except in case of spying.d)Vienna convention deals with relations between two nations.Correct answer is option 'D'. Can you explain this answer?
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The preamble of the Vienna Convention states that “the rules of customary international law continue to govern matters not expressly regulated by the provisions of the present Convention”. Article 36 of the Convention expressly regulates the question of consular access to, and communication with, nationals of the sending State and makes no exception with regard to cases of espionage. Therefore, Article 36 of the Convention, and not customary international law, governs the matter at hand in the relations between the Parties.Point (vi) of the 2008 Agreement provides that “In case of arrest, detention or sentence made on political or security grounds, each side may examine the case on its merits”. It also recalls that, in the preamble of the Agreement, the Parties declared that they were “desirous of furthering the objective of humane treatment of nationals of either country arrested, detained or imprisoned in the other country”. The Court is of the view that point (vi) of the Agreement cannot be read as denying consular access in the case of an arrest, detention or sentence made on political or security grounds.(1). It has already found that Pakistan acted in breach of its obligations under Article 36 of the Vienna Convention:(i) by not informing Mr. Jadhav of his rights under Article 36, paragraph 1 (b);(ii) by not informing India, without delay, of the arrest and detention of Mr. Jadhav; and(iii) by denying access to Mr. Jadhav by consular officers of India, contrary to their right, inter alia, to arrange for his legal representation.Pakistan is under an obligation to cease those acts and to comply fully with its obligations under Article 36 of the Vienna Convention. Consequently, Pakistan must inform Mr. Jadhav without further delay of his rights under Article 36, paragraph 1 (b), and allow Indian consular officers to have access to him and to arrange for his legal representation, as provided by Article 36, paragraph 1 (a) and (c).Q.Which of the following is true with respect to the given passage in connection to consular access.a)the rules of law customary international law do not apply in case of Vienna connection.b)Vienna convention deals with matters related to water treaties during war.c)Vienna convention allows consular access except in case of spying.d)Vienna convention deals with relations between two nations.Correct answer is option 'D'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about The preamble of the Vienna Convention states that “the rules of customary international law continue to govern matters not expressly regulated by the provisions of the present Convention”. Article 36 of the Convention expressly regulates the question of consular access to, and communication with, nationals of the sending State and makes no exception with regard to cases of espionage. Therefore, Article 36 of the Convention, and not customary international law, governs the matter at hand in the relations between the Parties.Point (vi) of the 2008 Agreement provides that “In case of arrest, detention or sentence made on political or security grounds, each side may examine the case on its merits”. It also recalls that, in the preamble of the Agreement, the Parties declared that they were “desirous of furthering the objective of humane treatment of nationals of either country arrested, detained or imprisoned in the other country”. The Court is of the view that point (vi) of the Agreement cannot be read as denying consular access in the case of an arrest, detention or sentence made on political or security grounds.(1). It has already found that Pakistan acted in breach of its obligations under Article 36 of the Vienna Convention:(i) by not informing Mr. Jadhav of his rights under Article 36, paragraph 1 (b);(ii) by not informing India, without delay, of the arrest and detention of Mr. Jadhav; and(iii) by denying access to Mr. Jadhav by consular officers of India, contrary to their right, inter alia, to arrange for his legal representation.Pakistan is under an obligation to cease those acts and to comply fully with its obligations under Article 36 of the Vienna Convention. Consequently, Pakistan must inform Mr. Jadhav without further delay of his rights under Article 36, paragraph 1 (b), and allow Indian consular officers to have access to him and to arrange for his legal representation, as provided by Article 36, paragraph 1 (a) and (c).Q.Which of the following is true with respect to the given passage in connection to consular access.a)the rules of law customary international law do not apply in case of Vienna connection.b)Vienna convention deals with matters related to water treaties during war.c)Vienna convention allows consular access except in case of spying.d)Vienna convention deals with relations between two nations.Correct answer is option 'D'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for The preamble of the Vienna Convention states that “the rules of customary international law continue to govern matters not expressly regulated by the provisions of the present Convention”. Article 36 of the Convention expressly regulates the question of consular access to, and communication with, nationals of the sending State and makes no exception with regard to cases of espionage. Therefore, Article 36 of the Convention, and not customary international law, governs the matter at hand in the relations between the Parties.Point (vi) of the 2008 Agreement provides that “In case of arrest, detention or sentence made on political or security grounds, each side may examine the case on its merits”. It also recalls that, in the preamble of the Agreement, the Parties declared that they were “desirous of furthering the objective of humane treatment of nationals of either country arrested, detained or imprisoned in the other country”. The Court is of the view that point (vi) of the Agreement cannot be read as denying consular access in the case of an arrest, detention or sentence made on political or security grounds.(1). It has already found that Pakistan acted in breach of its obligations under Article 36 of the Vienna Convention:(i) by not informing Mr. Jadhav of his rights under Article 36, paragraph 1 (b);(ii) by not informing India, without delay, of the arrest and detention of Mr. Jadhav; and(iii) by denying access to Mr. Jadhav by consular officers of India, contrary to their right, inter alia, to arrange for his legal representation.Pakistan is under an obligation to cease those acts and to comply fully with its obligations under Article 36 of the Vienna Convention. Consequently, Pakistan must inform Mr. Jadhav without further delay of his rights under Article 36, paragraph 1 (b), and allow Indian consular officers to have access to him and to arrange for his legal representation, as provided by Article 36, paragraph 1 (a) and (c).Q.Which of the following is true with respect to the given passage in connection to consular access.a)the rules of law customary international law do not apply in case of Vienna connection.b)Vienna convention deals with matters related to water treaties during war.c)Vienna convention allows consular access except in case of spying.d)Vienna convention deals with relations between two nations.Correct answer is option 'D'. Can you explain this answer?.
Solutions for The preamble of the Vienna Convention states that “the rules of customary international law continue to govern matters not expressly regulated by the provisions of the present Convention”. Article 36 of the Convention expressly regulates the question of consular access to, and communication with, nationals of the sending State and makes no exception with regard to cases of espionage. Therefore, Article 36 of the Convention, and not customary international law, governs the matter at hand in the relations between the Parties.Point (vi) of the 2008 Agreement provides that “In case of arrest, detention or sentence made on political or security grounds, each side may examine the case on its merits”. It also recalls that, in the preamble of the Agreement, the Parties declared that they were “desirous of furthering the objective of humane treatment of nationals of either country arrested, detained or imprisoned in the other country”. The Court is of the view that point (vi) of the Agreement cannot be read as denying consular access in the case of an arrest, detention or sentence made on political or security grounds.(1). It has already found that Pakistan acted in breach of its obligations under Article 36 of the Vienna Convention:(i) by not informing Mr. Jadhav of his rights under Article 36, paragraph 1 (b);(ii) by not informing India, without delay, of the arrest and detention of Mr. Jadhav; and(iii) by denying access to Mr. Jadhav by consular officers of India, contrary to their right, inter alia, to arrange for his legal representation.Pakistan is under an obligation to cease those acts and to comply fully with its obligations under Article 36 of the Vienna Convention. Consequently, Pakistan must inform Mr. Jadhav without further delay of his rights under Article 36, paragraph 1 (b), and allow Indian consular officers to have access to him and to arrange for his legal representation, as provided by Article 36, paragraph 1 (a) and (c).Q.Which of the following is true with respect to the given passage in connection to consular access.a)the rules of law customary international law do not apply in case of Vienna connection.b)Vienna convention deals with matters related to water treaties during war.c)Vienna convention allows consular access except in case of spying.d)Vienna convention deals with relations between two nations.Correct answer is option 'D'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of The preamble of the Vienna Convention states that “the rules of customary international law continue to govern matters not expressly regulated by the provisions of the present Convention”. Article 36 of the Convention expressly regulates the question of consular access to, and communication with, nationals of the sending State and makes no exception with regard to cases of espionage. Therefore, Article 36 of the Convention, and not customary international law, governs the matter at hand in the relations between the Parties.Point (vi) of the 2008 Agreement provides that “In case of arrest, detention or sentence made on political or security grounds, each side may examine the case on its merits”. It also recalls that, in the preamble of the Agreement, the Parties declared that they were “desirous of furthering the objective of humane treatment of nationals of either country arrested, detained or imprisoned in the other country”. The Court is of the view that point (vi) of the Agreement cannot be read as denying consular access in the case of an arrest, detention or sentence made on political or security grounds.(1). It has already found that Pakistan acted in breach of its obligations under Article 36 of the Vienna Convention:(i) by not informing Mr. Jadhav of his rights under Article 36, paragraph 1 (b);(ii) by not informing India, without delay, of the arrest and detention of Mr. Jadhav; and(iii) by denying access to Mr. Jadhav by consular officers of India, contrary to their right, inter alia, to arrange for his legal representation.Pakistan is under an obligation to cease those acts and to comply fully with its obligations under Article 36 of the Vienna Convention. Consequently, Pakistan must inform Mr. Jadhav without further delay of his rights under Article 36, paragraph 1 (b), and allow Indian consular officers to have access to him and to arrange for his legal representation, as provided by Article 36, paragraph 1 (a) and (c).Q.Which of the following is true with respect to the given passage in connection to consular access.a)the rules of law customary international law do not apply in case of Vienna connection.b)Vienna convention deals with matters related to water treaties during war.c)Vienna convention allows consular access except in case of spying.d)Vienna convention deals with relations between two nations.Correct answer is option 'D'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of The preamble of the Vienna Convention states that “the rules of customary international law continue to govern matters not expressly regulated by the provisions of the present Convention”. Article 36 of the Convention expressly regulates the question of consular access to, and communication with, nationals of the sending State and makes no exception with regard to cases of espionage. Therefore, Article 36 of the Convention, and not customary international law, governs the matter at hand in the relations between the Parties.Point (vi) of the 2008 Agreement provides that “In case of arrest, detention or sentence made on political or security grounds, each side may examine the case on its merits”. It also recalls that, in the preamble of the Agreement, the Parties declared that they were “desirous of furthering the objective of humane treatment of nationals of either country arrested, detained or imprisoned in the other country”. The Court is of the view that point (vi) of the Agreement cannot be read as denying consular access in the case of an arrest, detention or sentence made on political or security grounds.(1). It has already found that Pakistan acted in breach of its obligations under Article 36 of the Vienna Convention:(i) by not informing Mr. Jadhav of his rights under Article 36, paragraph 1 (b);(ii) by not informing India, without delay, of the arrest and detention of Mr. Jadhav; and(iii) by denying access to Mr. Jadhav by consular officers of India, contrary to their right, inter alia, to arrange for his legal representation.Pakistan is under an obligation to cease those acts and to comply fully with its obligations under Article 36 of the Vienna Convention. Consequently, Pakistan must inform Mr. Jadhav without further delay of his rights under Article 36, paragraph 1 (b), and allow Indian consular officers to have access to him and to arrange for his legal representation, as provided by Article 36, paragraph 1 (a) and (c).Q.Which of the following is true with respect to the given passage in connection to consular access.a)the rules of law customary international law do not apply in case of Vienna connection.b)Vienna convention deals with matters related to water treaties during war.c)Vienna convention allows consular access except in case of spying.d)Vienna convention deals with relations between two nations.Correct answer is option 'D'. Can you explain this answer?, a detailed solution for The preamble of the Vienna Convention states that “the rules of customary international law continue to govern matters not expressly regulated by the provisions of the present Convention”. Article 36 of the Convention expressly regulates the question of consular access to, and communication with, nationals of the sending State and makes no exception with regard to cases of espionage. Therefore, Article 36 of the Convention, and not customary international law, governs the matter at hand in the relations between the Parties.Point (vi) of the 2008 Agreement provides that “In case of arrest, detention or sentence made on political or security grounds, each side may examine the case on its merits”. It also recalls that, in the preamble of the Agreement, the Parties declared that they were “desirous of furthering the objective of humane treatment of nationals of either country arrested, detained or imprisoned in the other country”. The Court is of the view that point (vi) of the Agreement cannot be read as denying consular access in the case of an arrest, detention or sentence made on political or security grounds.(1). It has already found that Pakistan acted in breach of its obligations under Article 36 of the Vienna Convention:(i) by not informing Mr. Jadhav of his rights under Article 36, paragraph 1 (b);(ii) by not informing India, without delay, of the arrest and detention of Mr. Jadhav; and(iii) by denying access to Mr. Jadhav by consular officers of India, contrary to their right, inter alia, to arrange for his legal representation.Pakistan is under an obligation to cease those acts and to comply fully with its obligations under Article 36 of the Vienna Convention. Consequently, Pakistan must inform Mr. Jadhav without further delay of his rights under Article 36, paragraph 1 (b), and allow Indian consular officers to have access to him and to arrange for his legal representation, as provided by Article 36, paragraph 1 (a) and (c).Q.Which of the following is true with respect to the given passage in connection to consular access.a)the rules of law customary international law do not apply in case of Vienna connection.b)Vienna convention deals with matters related to water treaties during war.c)Vienna convention allows consular access except in case of spying.d)Vienna convention deals with relations between two nations.Correct answer is option 'D'. Can you explain this answer? has been provided alongside types of The preamble of the Vienna Convention states that “the rules of customary international law continue to govern matters not expressly regulated by the provisions of the present Convention”. Article 36 of the Convention expressly regulates the question of consular access to, and communication with, nationals of the sending State and makes no exception with regard to cases of espionage. Therefore, Article 36 of the Convention, and not customary international law, governs the matter at hand in the relations between the Parties.Point (vi) of the 2008 Agreement provides that “In case of arrest, detention or sentence made on political or security grounds, each side may examine the case on its merits”. It also recalls that, in the preamble of the Agreement, the Parties declared that they were “desirous of furthering the objective of humane treatment of nationals of either country arrested, detained or imprisoned in the other country”. The Court is of the view that point (vi) of the Agreement cannot be read as denying consular access in the case of an arrest, detention or sentence made on political or security grounds.(1). It has already found that Pakistan acted in breach of its obligations under Article 36 of the Vienna Convention:(i) by not informing Mr. Jadhav of his rights under Article 36, paragraph 1 (b);(ii) by not informing India, without delay, of the arrest and detention of Mr. Jadhav; and(iii) by denying access to Mr. Jadhav by consular officers of India, contrary to their right, inter alia, to arrange for his legal representation.Pakistan is under an obligation to cease those acts and to comply fully with its obligations under Article 36 of the Vienna Convention. Consequently, Pakistan must inform Mr. Jadhav without further delay of his rights under Article 36, paragraph 1 (b), and allow Indian consular officers to have access to him and to arrange for his legal representation, as provided by Article 36, paragraph 1 (a) and (c).Q.Which of the following is true with respect to the given passage in connection to consular access.a)the rules of law customary international law do not apply in case of Vienna connection.b)Vienna convention deals with matters related to water treaties during war.c)Vienna convention allows consular access except in case of spying.d)Vienna convention deals with relations between two nations.Correct answer is option 'D'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice The preamble of the Vienna Convention states that “the rules of customary international law continue to govern matters not expressly regulated by the provisions of the present Convention”. Article 36 of the Convention expressly regulates the question of consular access to, and communication with, nationals of the sending State and makes no exception with regard to cases of espionage. Therefore, Article 36 of the Convention, and not customary international law, governs the matter at hand in the relations between the Parties.Point (vi) of the 2008 Agreement provides that “In case of arrest, detention or sentence made on political or security grounds, each side may examine the case on its merits”. It also recalls that, in the preamble of the Agreement, the Parties declared that they were “desirous of furthering the objective of humane treatment of nationals of either country arrested, detained or imprisoned in the other country”. The Court is of the view that point (vi) of the Agreement cannot be read as denying consular access in the case of an arrest, detention or sentence made on political or security grounds.(1). It has already found that Pakistan acted in breach of its obligations under Article 36 of the Vienna Convention:(i) by not informing Mr. Jadhav of his rights under Article 36, paragraph 1 (b);(ii) by not informing India, without delay, of the arrest and detention of Mr. Jadhav; and(iii) by denying access to Mr. Jadhav by consular officers of India, contrary to their right, inter alia, to arrange for his legal representation.Pakistan is under an obligation to cease those acts and to comply fully with its obligations under Article 36 of the Vienna Convention. Consequently, Pakistan must inform Mr. Jadhav without further delay of his rights under Article 36, paragraph 1 (b), and allow Indian consular officers to have access to him and to arrange for his legal representation, as provided by Article 36, paragraph 1 (a) and (c).Q.Which of the following is true with respect to the given passage in connection to consular access.a)the rules of law customary international law do not apply in case of Vienna connection.b)Vienna convention deals with matters related to water treaties during war.c)Vienna convention allows consular access except in case of spying.d)Vienna convention deals with relations between two nations.Correct answer is option 'D'. Can you explain this answer? tests, examples and also practice CLAT tests.
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