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The Binding Nature of Provisional Measures of the International Court of Justice: the ‘Settlement’ of the Issue in the LaGrand Case

Published online by Cambridge University Press:  02 May 2003

JÖRG KAMMERHOFER
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Abstract

In the LaGrand case, the International Court of Justice seems to have created a clear precedent in favour of the binding force of provisional measures. This essay surveys the main lines of argument for and against the binding nature of provisional measures in the relevant literature, and discusses how the LaGrand case was argued in this context. The elation to be found in recent literature with regard to the ‘settlement’ of the issue of the binding force will be questioned by a discussion of the apparent adoption in international law of a system of precedents and stare decisis.

Keywords

International Court of JusticeLaGrand caseprecedentprovisional measures
Type
HAGUE INTERNATIONAL TRIBUNALS: International Court of Justice
Information
Leiden Journal of International Law , Volume 16 , Issue 1 , March 2003 , pp. 67 - 83
Copyright
© Foundation of the Leiden Journal of International Law

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