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The Protection of Human Life Through Provisional Measures Indicated by the International Court of Justice

Published online by Cambridge University Press:  03 March 2004

Yoshiyuki Iwamoto (Lee)
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Abstract

Recently, the ICJ appears to have been taking into account the protection of human life in its indication of provisional measures. This raises the question of how and to what extent the human life element influences the criteria for indicating provisional measures. After considering the meaning of ‘irreparability’ in the Court's jurisprudence, the author analyzes recent case law in the light of a link between irreparable harm and those rights of the parties that constitute the subject matter of the dispute in judicial proceedings. In conclusion, the author criticizes the Court's recent approach towards indicating provisional measures, as it raises some problems concerning jurisdiction, as well as the binding character and the nature of provisional measures.

Keywords

International Court of Justiceprovisional measuresLaGrandBreardirreparability
Type
HAGUE INTERNATIONAL TRIBUNALS
Information
Leiden Journal of International Law , Volume 15 , Issue 2 , June 2002 , pp. 345 - 366
Copyright
© 2002 Kluwer Law International

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