Provisional Measures Before International Courts and Tribunals

International Law

Provisional Measures Before International Courts and Tribunals

By Cameron A. Miles
Cambridge University Press June 2018

Specifications

ISBN-13
9781107565173
Publisher
Cambridge University Press
Publication
June 2018
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Hardback

Details

Since the decision of the International Court of Justice in LaGrand (Germany v. United States of America), the law of provisional measures has expanded dramatically both in terms of the volume of relevant decisions and the complexity of their reasoning

.

Provisional Measures before International Courts and Tribunals seeks to describe and evaluate this expansion, and furthermore to undertake a comparative analysis of provisional measures jurisprudence in a range of significant international courts and tribunals and ad-hoc interstate arbitration tribunals.

The result is the first comprehensive examination of the law of provisional measures in ten years, and the first to compare investor-state arbitration jurisprudence with more traditional interstate courts and tribunals.

Table of Contents

1. Introduction

Part I. Preliminary Matters:
2. Origins of provisional measures
3. Constituent instruments and procedural rules

Part II. Provisional Measures in General:
4. Power to order provisional measures
5. Purpose of provisional measures
6. Prejudice and urgency
7. Content and enforcement

Part III. Specific Aspects of Provisional Measures:
8. Questions of substance and procedure
9. Litigation strategy and provincial measures
10. Conclusions.
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