Provisional Measures Issued by International Courts and Tribunals

International Law

Provisional Measures Issued by International Courts and Tribunals

Edited by Fulvio Maria Palombino · Roberto Virzo · Giovanni Zarra
T.M.C. Asser Press December 2021

Specifications

ISBN-13
9789462654136
Publisher
T.M.C. Asser Press
Publication
December 2021
Format
Paperback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

This book makes a significant contribution to the comprehension of the law and practice of provisional measures issued by international courts and tribunals, including international commercial arbitration. After having analyzed the common features of provisional measures, it provides an overview of the peculiarities of these orders within the context of different international proceedings (e.g. the ICJ, the ITLOS, the CJEU, the ICC, human rights courts and investment arbitration). In this regard, the book is valuable in offering a broad and rigorous comparative analysis between the various forms of provisional measures. Owing to its original cross-cutting and case-driven approach, the book will be an essential tool for both scholars and practitioners dealing with the law of provisional measures in international adjudication. Indeed, this book will be an important novelty in international law libraries due to the broad range of regimes scrutinized and to a detailedanalysis of the general trends within the contemporary law of provisional measures.

Table of Contents

Chapter 1. Introduction
Part I: General Features of Provisional Measures in International Adjudication
Chapter 2. Provisional Measures: How 'Provisional' is 'Provisional'?
Chapter 3. Requirements for the Issuance of Provisional Measures
Chapter 4. Autonomy of Provisional Measures
Chapter 5. The Humanisation of Provisional Measures? - Plausibility and the Interim Protection of Rights before the ICJ
Part II: Provisional Measures Issued by Universal Courts and Inter-State Arbitral Tribunals
Chapter 6. Opposites Attract? - Provisional Measures in the International Court of Justice Oscillating Between the Judicial Function and Party Autonomy
Chapter 7. A "Game of Give and Take": The ITLOS, the ICJ and Provisional Measures
Chapter 8. Interim Measures in the Practice of the International Court of Justice and the International Criminal Court
Chapter 9. Reflections on Provisional Measures in Inter-State Arbitration
Part III: Provisional Measures Issued by Regional Courts
Chapter 10. The Procedural Features of Interim Relief before the Court of Justice of the European Union
Chapter 11. Interim Measures at the European Court of Human Rights: Current Practice and Future Challenges
Chapter 12. Provisional Measures under the African Human Rights System
Part IV. Provisional Measures Issued by Commercial and Investments Arbitral Tribunals
Chapter 13. The Functions of Provisional Measures in International Commercial Arbitration: Between Efficacy and Innovation
Chapter 14. The Enforcement of Provisional Measures
Chapter 15. Provisional Measures in ICSID Arbitration Proceedings: Between the Current Legal Framework and the Proposed Reform
Chapter 16. Conclusions
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