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Provisional Measures in International Law - The International Court of Justice and the International Tribunal for the Law of the Sea (Hardcover, New)
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Provisional Measures in International Law - The International Court of Justice and the International Tribunal for the Law of the Sea (Hardcover, New)
Series: International Courts and Tribunals Series
Expected to ship within 12 - 17 working days
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Provisional measures of protection, the international equivalent of
an interim injunction, are assuming growing importance in
international law. These measures are designed to protect the
rights of the parties pending the final decision in a dispute.
Since the establishment of the Permanent Court of International
Justice in 1921 through its replacement by the International Court
of Justice (ICJ) in 1945, the Court's power to indicate provisional
measures has been controversial because it has been unclear whether
such orders are binding. In 2001 the ICJ set that controversy at
rest by deciding that it imposes binding obligations on the
parties, and that non-compliance could give rise to an instance of
state responsibility and a cause of action. This rule has also been
incorporated into the UN Convention on the Law of the Sea, one of
the most important law-making conventions adopted in the last 50
years. These changes make a comprehensive re-examination of the law
and practice of the ICJ and the International Tribunal for the Law
of the Sea (ITLOS) necesary, both from an academic perspective and
as a matter of practice and procedure. Rosenne concludes that its
work with provisional measures of protection may be the most
significant of the ICJ's activities for the settlement of
international disputes and the maintenance of international peace
and securit,: the prime objective of the United Nations of which
the ICJ is a principal organ.
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