Provisional Measures before International Courts and Tribunals: 128 (Cambridge Studies in International and Comparative Law, Series Number 128)
Cambridge University Press
Edition: Reprint, 6/21/2018
EAN 9781107565173, ISBN10: 1107565170
Paperback, 592 pages, 22.9 x 15.2 x 3.8 cm
Language: English
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.
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.