Book contents
- The Cambridge Companion to the International Court of Justice
- Cambridge Companions to Law
- The Cambridge Companion to The International Court of Justice
- Copyright page
- Contents
- Contributors
- Preface
- Introduction
- Part I The Role of the ICJ
- Part II The ICJ and International Dispute Settlement
- 6 The Jurisdiction of the Court
- 7 Provisional Measures
- 8 The International Court of Justice as the Master of the Sources
- 9 Fact-Finding and Expert Evidence
- 10 The ICJ and Other Courts and Tribunals: Integration and Fragmentation
- 11 The Working Practices of the Court
- 12 Procedure in Contentious Cases: Evolution and Flexibility
- 13 Effective Advocacy at the ICJ
- Part III The Impact of the ICJ’s Jurisprudence
- Index
- References
7 - Provisional Measures
from Part II - The ICJ and International Dispute Settlement
Published online by Cambridge University Press: 18 May 2023
By
Book contents
- The Cambridge Companion to the International Court of Justice
- Cambridge Companions to Law
- The Cambridge Companion to The International Court of Justice
- Copyright page
- Contents
- Contributors
- Preface
- Introduction
- Part I The Role of the ICJ
- Part II The ICJ and International Dispute Settlement
- 6 The Jurisdiction of the Court
- 7 Provisional Measures
- 8 The International Court of Justice as the Master of the Sources
- 9 Fact-Finding and Expert Evidence
- 10 The ICJ and Other Courts and Tribunals: Integration and Fragmentation
- 11 The Working Practices of the Court
- 12 Procedure in Contentious Cases: Evolution and Flexibility
- 13 Effective Advocacy at the ICJ
- Part III The Impact of the ICJ’s Jurisprudence
- Index
- References
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.
Keywords
- Type
- Chapter
- Information
- The Cambridge Companion to the International Court of Justice , pp. 147 - 164Publisher: Cambridge University PressPrint publication year: 2023
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