Provisional measures Issued by international courts and tribunals

Full Title:

Provisional measures Issued by international courts and tribunals

Other Author:

Palombino, Fulvio Maria.
Virzo, Roberto.
Zarra, Giovanni,

Statement of Responsibility:

edited by Fulvio Maria Palombino, Roberto Virzo and Giovanni Zarra

Language:

English

Description:

VI, 369 p.

Summary:

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...

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Summary:

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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.

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Contents:

• Introduction • Provisional Measures: How “Provisional” Is “Provisional”? • Requirements for the Issuance of Provisional Measures • Autonomy of Provisional Measures • The Humanisation...

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Contents:

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• Introduction • Provisional Measures: How “Provisional” Is “Provisional”? • Requirements for the Issuance of Provisional Measures • Autonomy of Provisional Measures • The Humanisation of Provisional Measures?—Plausibility and the Interim Protection of Rights Before the ICJ • Opposites Attract? Provisional Measures in the International Court of Justice Oscillating Between the Judicial Function and Party Autonomy • A “Game of Give and Take”: The ITLOS, the ICJ and Provisional Measures • Interim Measures in the Practice of the International Court of Justice and the International Criminal Court • Reflections on Provisional Measures in Inter-state Arbitration • The Procedural Features of Interim Relief Before the Court of Justice of the European Union • Interim Measures at the European Court of Human Rights: Current Practice and Future Challenges • Provisional Measures Under the African Human Rights System • The Functions of Provisional Measures in International Commercial Arbitration: Between Efficacy and Innovation • The Enforcement of Provisional Measures • Provisional Measures in ICSID Arbitration Proceedings: Between the Current Legal Framework and the Proposed Reform • Conclusion

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Publisher & Date:

The Hague : Asser Press, 2021.

Date of Publication:

2021

Publisher:

Asser Press

Classification:

D 8.3.5

ISBN:

9789462654105 (hbk)
9789462654112 (ebook)