2 - Provisional Measures

Summary

Chapter 2 addresses the competence of the International Court of Justice to grant the remedies of international law through its orders containing provisional measures. This issue is assessed, first, through the determination of the binding character of said orders, in accordance with the jurisprudence of the Court. Second, the jurisprudence of the Court related to the substance of its provisional measures is addressed, in order to determine if the judicial body has the competence to give remedies of international law, which would contribute to the preservation of the rights of states, pending the issuance of its judgments on merits. This chapter shows that the Court has jurisdiction to grant remedies of international law through its orders for provisional measures. However, presently, only a handful of remedies have the potential to preserve the rights of states, in accordance with the case-law of the Court. As such, it is for its future judgments to establish a framework of remedies, capable of being included within its orders for provisional measures.