Jurisprudence of the PCIJ and of the ICJ on Interim Measures of Protection

International Law

Jurisprudence of the PCIJ and of the ICJ on Interim Measures of Protection

By Ewa Sałkiewicz-Munnerlyn
T.M.C. Asser Press October 2021

Specifications

ISBN-13
9789462654747
Publisher
T.M.C. Asser Press
Publication
October 2021
Format
Hardback
Jurisdiction
Switzerland ? Countri(es) for reference only

Also available as

Paperback

Details

This book deals with all the cases that came before the Permanent Court of International Justice (PCIJ) from 1922 to 1946, as well as those that were heard by its successor, the International Court of Justice (ICJ) from 1946 to 2020 in which interim measures of protection were either indicated or refused.

The monograph shows how cases in which injunctive relief was sought were handled and how the PCIJ and the ICJ have undergone certain reforms over the years. The new approach taken by the author is to present all the matters brought before both the PCIJ and ICJ in full and to present the new requirements on the part of the ICJ that have been formulated in recent years.

The book is aimed at law students, lecturers and those working in the field of international law.

Table of Contents

Chapter 1. Provisional Measures of Protection in the Jurisprudence of International Courts - Historical Outline
Chapter 2. Objectives of Provisional Measures
Chapter 3 Prima Facie Competence
Chapter 4. Urgency
Chapter 5. Irreparable Damage
Chapter 6. Probability Test as a Requirement for the Indication of the Interim Measures
Chapter 7. Link between the Application for the Interim Measures and the Subject-matter of the Dispute in the Main Proceedings
Chapter 8. Procedure for the Indication of the Provisional Measures
Chapter 9. Problem of the Validity of the Interim Measures of Protection
Chapter 10. Case Concerning the Arbitration Award of 31 July 1989 (Guinea-Bissau v. Senegal), Order of 2 March 1990
Chapter 11. Application of the Convention on the Prevention and Punishment of the Crime of Genocide (The Gambia v. Myanmar), Order of 23 January 2020
Chapter 12. Final Conclusions
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