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Questions Relating to the Seizure and Detention of Certain Documents and Data
Published online by Cambridge University Press: 01 January 2021
Abstract
International Court of Justice — Provisional measures of protection — Criteria — Prima facie basis for jurisdiction — Plausibility of rights — Link between rights to be protected and measures sought — Risk of irreparable harm — Court free to order different measures from those requested — Binding nature of provisional measures — Relationship between measures and proceedings before different international tribunal — Seizure by one party to arbitration of legal documents from legal adviser of other party — Whether plausible right to confidentiality — Whether need to protect — Undertaking by Attorney-General of seizing State — Presumption of good faith — Whether undertaking affording sufficient protection — Power to modify Order for Provisional Measures — Rules of Court, Article 76 — Removal of case from List
International tribunals — Conduct of proceedings — Good faith — Equality of parties — Confidentiality of communications between party and its legal advisers — Seizure by other party of material resulting from those communications — Whether contrary to international law — Seized material relating to arbitration between two States — Material having national security implications for seizing State — Whether material concerning commission of criminal offence by former official of seizing State
General principles of international law — Confidentiality of communications between State and its legal advisers — Seizure by other State of material resulting from such communications — Legal professional privilege — Sovereign equality of States — Equality of parties in international litigation — Good faith
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