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7 - Provisional Measures

from Part II - The ICJ and International Dispute Settlement

Published online by Cambridge University Press:  18 May 2023

Carlos Espósito
Affiliation:
Universidad Autónoma de Madrid
Kate Parlett
Affiliation:
Twenty Essex, London
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Summary

The chapter provides a thorough analysis of the Court’s jurisdiction to order provisional measures and its procedure. The author identifies an evolution in the Court’s practice on provisional measures, with the Court most recently developing specific conditions for the indication of provisional measures. The author examines those conditions and their elaboration through the Court’s caselaw, together with the Court’s findings as to the binding effect of its provisional measures orders.

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Chapter
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Publisher: Cambridge University Press
Print publication year: 2023

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References

Further Reading

Daniele, L., Le misure cautelari nel processo dinanzi alla Corte internazionale di giustizia (Giuffrè, 1993).Google Scholar
Gemalmaz, M. S., Provisional Measures of Protection in International Law: 1907–2010 (Legal Kitapevi, 2011).Google Scholar
Miles, C., Provisional Measures Before International Courts and Tribunals (Cambridge University Press, 2017).CrossRefGoogle Scholar
Rosenne, S., Provisional Measures in International Law: The International Court of Justice and the International Tribunal for the Law of the Sea (Oxford University Press, 2005).Google Scholar
Sztucki, J., Interim Measures in the Hague Court (Deventer, 1983).Google Scholar

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