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Published online by Cambridge University Press: 01 January 2021
International Court of Justice — Provisional measures — Terrorism — Racial discrimination — Prima facie jurisdiction — International Convention for the Suppression of the Financing of Terrorism, 1999 (“ICSFT”) — International Convention on the Elimination of All Forms of Racial Discrimination, 1965 (“CERD”) — Procedural preconditions to Court’s jurisdiction — Negotiation — Arbitration — Plausibility — Article 18 of ICSFT — Obligation to cooperate to prevent terrorism financing — Whether Ukraine proving that alleged acts constituting breach of Article 18 of ICSFT — Articles 2-5 of CERD — Right to education — Whether restrictions on Ukrainian-language education plausibly breaching right to education — Freedom of association — Whether banning of Mejlis plausibly breaching freedom of association — Irreparable prejudice — Urgency — Link between provisional measures requested and rights sought to be protected — Measures to prevent extension and aggravation of dispute
Terrorism — Treaties — International Convention for the Suppression of the Financing of Terrorism, 1999 — Whether Court having prima facie jurisdiction under ICSFT — Article 18 of ICSFT — Obligation to cooperate to prevent terrorism financing — Whether Ukraine proving that alleged acts constituting breach of Article 18 of ICSFT — Whether provisional measures to be ordered
Human rights — Treaties — International Convention on the Elimination of All Forms of Racial Discrimination, 1965 — Whether Court having prima facie jurisdiction under CERD — Articles 2-5 of CERD — Right to education — Whether restrictions on Ukrainian-language education plausibly breaching right to education — Freedom of association — Whether banning of Mejlis plausibly breaching freedom of association — Whether provisional measures to be ordered