Provisional Measures in International Law: The International Court of Justice and the International…

Hardcover | February 23, 2005

byShabtai Rosenne

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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 PermanentCourt 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 bydeciding 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 conventionsadopted 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 principalorgan.

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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 PermanentCourt of International Justice in 1921 through...

Shabtai Rosenne is Former Ambassador of Israel to the United Nations. He has been awarded the Israel Prize (1960) the Sharett Prize (1994), the Certificate of Merit of the American Society of International Law (1968), and the Manley O. Hudson Medal (1999).

other books by Shabtai Rosenne

Format:HardcoverDimensions:262 pages, 9.21 × 6.14 × 0.79 inPublished:February 23, 2005Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199268061

ISBN - 13:9780199268061

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Table of Contents

Table of CasesTable of AbbreviationsPart I: Origins: Basic TextsChapter 1. Introducing the topicChapter 2. The StatutesChapter 3. The RulesPart II: Jurisdiction and ProcedureChapter 4. JurisdictionChapter 5. UrgencyChapter 6. Duration of provisional measuresChapter 7. ProcedureChapter 8. A survey of the decisionsAppendix: Orders on Provisional Measures from 1927 to date

Editorial Reviews

The book is succinct and concise, but is comprehensive in scope and thorough in analysis...It is authoritative as it can get. Every practitioner contemplating requesting provisional measures or being forced to deal with such requests, or every scholar dealing with such an inquiry, will bewell advised to consult this book first.