This work studies the role of the International Court of Justice (ICJ) regarding the international dispute settlement and the maintenance of international peace and security by examining its practice on provisional measures. The author finds that the ICJ's practice on provisional measures differs from that of municipal courts, due to the necessity to respect the sovereignty of states. Furthermore, the Court attempts to play an important role in the international dispute settlement. The aim to maintain international peace and security is decisive for the Court to assign provisional measures. As shown by the Lockerbie cases, its power was to some extent paralyzed by the Council's breach of its authority. Without any coordinative mechanism within the UN system and the Council's self-restriction, provisional measures cannot be as effective as designated.
This work studies the role of the International Court of Justice (ICJ) regarding the international dispute settlement and the maintenance of international peace and security by examining its practice on provisional measures. The author finds that the ICJ's practice on provisional measures differs from that of municipal courts, due to the necessity to respect the sovereignty of states. Furthermore, the Court attempts to play an important role in the international dispute settlement. The aim to maintain international peace and security is decisive for the Court to assign provisional measures. As shown by the Lockerbie cases, its power was to some extent paralyzed by the Council's breach of its authority. Without any coordinative mechanism within the UN system and the Council's self-restriction, provisional measures cannot be as effective as designated.
This book deals with all the cases that came before the Permanent Court of International Justice (PCIJ) from 1922 to 1946, as well as those that were heard by its successor, the International Court...
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...
The Making of the Modern Law: Legal Treatises, 1800-1926 includes over 20,000 analytical, theoretical and practical works on American and British Law. It includes the writings of major legal...
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