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

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

Author: Ewa Salkiewicz-Munnerlyn
Publisher: T.M.C. Asser Press
ISBN: 9789462654778

Published In: October 2022
Format: Paperback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9789462654747

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Description
Contents

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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.

Ewa Salkiewicz-Munnerlyn was a Polish diplomat working for the Ministry of Foreign Affairs from 1991 to 2018. She was appointed charge d'affaires at the Polish Embassy to the Holy See from 1993-1994, after which she served as the Polish consul at the Consular Division of the Polish Embassy in Washington D.C. from 1995-1999. She then held the position of Human Rights Officer of the OSCE in Macedonia (Skopje and Ohrid) and Bosnia and Hercegovina (Pale in Republika Srbska) from 2001-2005 and has also several times worked as a short-term observer of the OSCE during parliamentary and presidential elections in Ukraine, Russia, Moldova and Belarus. She attained a Ph.D. at the Jagiellonian University in Krakow, Poland and a post-graduate diploma at the Institut des Hautes Etudes Internationales in Geneva, Switzerland.

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