2008 Bilateral Agreement Between India And Pakistan
On the other hand, the Pakistani State asserts that paragraph vi of 2008 allows the bilateral agreement to subject the consular access provisions to conditions, which is not sustainable, both legally and in terms of interpretations. From a legal point of view, such an argument is a transition to the guarantee of the right to consular access, an “ordinary procedural principle” codified by section 36 of the VCCR. By interpretation, paragraph vi) cannot be successfully argued as a consular access provision. Although paragraph vi says that in the event of arrest, detention or conviction for political or security reasons, each party can consider the case on its merits, it is not certain that this may result in a restriction of the right to consular access. India and Pakistan, particularly northern India and eastern Pakistan, have, to some extent, similar cultures, cuisines and languages because of the common Indoary heritage that spans both countries and much of the northern subcontinent, which also underpins the historical ties between the two. Pakistani singers, musicians, actors and artists have been very popular in India, and many artists from the Indian Bollywood film industry have become famous overnight. Similarly, Indian music and cinema are very popular in Pakistan. Pakistan`s culture is found in the northernmost region of South Asia and is roughly similar to that of northern India, particularly in the northwest. The attack on the Indian parliament was by far the most dramatic by Pakistani terrorists. India has accused Pakistan of carrying out the attacks, a claim that Pakistan vigorously disputed and which brought the two nations to the brink of nuclear confrontation in 2001-2002.
However, international peace efforts have eased tensions between the two nuclear nations. Serious clashes broke out between Indian security forces and militants when an insurgent group attempted to invade Kashmir from Pakistan in July 2005. In the same month, a militant attack by Kashmiri fighters was carried out on Ayodhya and Srinagar. However, these developments have had little impact on the peace process. What distinguishes this case from what is happening in the past is, of course, that the unregant status has not gone unnoticed – it has been actively invoked by one of the parties as an objection. In this case, there is no question of turning a blind eye. The Court is in fact responsible for enforcing the sanction; However, it remains to be seen whether it is able (and if it decides to go beyond this sanction) to review the 2008 agreement on its own initiative.
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