Provisional Measures Before International Courts and Tribunals

ISBN-13: 9781107125599 / Angielski / Twarda / 2017 / 592 str.

Cameron A. Miles

Opis

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 to undertake a comparative analysis of provisional measures jurisprudence in a range of significant international courts and tribunals so as to situate interim relief in the wider procedure of those adjudicative bodies. The result is the first comprehensive examination of the law of provisional measures in over a decade, and the first to compare investor-state arbitration jurisprudence with more traditional inter-state courts and tribunals.

Recenzje

'The book, characterized by a clear and flowing style, contains an impressive number of questions regarding interim relief, analyzed in a comparative perspective by reference to the different practices of selected international courts and tribunals. It also proves to have an eye-opening character by virtue of the systematic insights it gives about the source of the power to issue provisional measures, their binding nature, and the consequences arising from non-compliance as well as those of a more practical concern, addressed in the last chapter.' Donato Greco, Heidelberg Journal of International Law

Spis treści

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.