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2 - Provisional Measures

Published online by Cambridge University Press:  17 June 2021

Victor Stoica
Affiliation:
University of Bucharest
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Summary

Chapter 2 addresses the competence of the International Court of Justice to grant the remedies of international law through its orders containing provisional measures. This issue is assessed, first, through the determination of the binding character of said orders, in accordance with the jurisprudence of the Court. Second, the jurisprudence of the Court related to the substance of its provisional measures is addressed, in order to determine if the judicial body has the competence to give remedies of international law, which would contribute to the preservation of the rights of states, pending the issuance of its judgments on merits. This chapter shows that the Court has jurisdiction to grant remedies of international law through its orders for provisional measures. However, presently, only a handful of remedies have the potential to preserve the rights of states, in accordance with the case-law of the Court. As such, it is for its future judgments to establish a framework of remedies, capable of being included within its orders for provisional measures.

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Publisher: Cambridge University Press
Print publication year: 2021

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  • Provisional Measures
  • Victor Stoica
  • Book: Remedies before the International Court of Justice
  • Online publication: 17 June 2021
  • Chapter DOI: https://doi.org/10.1017/9781108855006.005
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  • Provisional Measures
  • Victor Stoica
  • Book: Remedies before the International Court of Justice
  • Online publication: 17 June 2021
  • Chapter DOI: https://doi.org/10.1017/9781108855006.005
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Provisional Measures
  • Victor Stoica
  • Book: Remedies before the International Court of Justice
  • Online publication: 17 June 2021
  • Chapter DOI: https://doi.org/10.1017/9781108855006.005
Available formats
×