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Provisional Measures in the World Court: Binding or Bound to Be Ineffective?

Published online by Cambridge University Press:  22 October 2004

Abstract

Does the International Court of Justice have the power to indicate legally binding provisional measures? On the basis of the provisions of the UN Charter and the Statute of the International Court of Justice, it seems unlikely that the Court is bestowed with such a power. An alternative argument, which regards interim protection as a general principle of law, thus giving it binding force, is also not without difficulties. The situation seems to be clearer, however, when states declare in a treaty their intention to be bound by the provisional measures indicated by the Court. The argument considering provisional measures as a ‘moral obligation’ will be examined as well.

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STUDENT CONTRIBUTIONS
Copyright
© 1997 Kluwer Law International

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