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Case Concerning Passage Through The Great Belt (Finland v. Denmark)
Published online by Cambridge University Press: 01 January 2021
Abstract
International Court of Justice — Provisional measures of protection — Whether Court must satisfy itself that it has jurisdiction on the merits before indicating provisional measures — Nature of interlocutory proceedings — Role of Court — Purpose of provisional measures — Preservation of rights pending decision on the merits — Whether necessary for Party requesting provisional measures to establish prima facie case that rights in question exist — Protection of disputed rights — Whether Party requesting provisional measures should give cross-undertaking to compensate if other Party successful on the merits — Relevance of remedies which might be granted on the merits — Whether relevant that Party resisting request for provisional measures contends that restitution would not be an appropriate remedy
Sea — Straits — Rights of passage — Whether right of passage through straits extends to structures more than 65 metres in height — Whether such structures constitute ships — Drill ships and oil rigs — Rights of passage for Finnish drill ships and oil rigs through Danish straits — Great Belt — Proposed bridge over Great Belt — Whether an infringement of Finnish rights of passage — Treaty of Copenhagen, 1857 — Geneva Convention on the Territorial Sea, 1958 — United Nations Convention on the Law of the Sea, 1982 — Customary international law
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- © Cambridge University Press 1994