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Provisional measures issued by the International Court of Justice : Evolution, character and problems of an inherent power

Brouwer, Erik Willem
(2021)

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Brouwer_84451900_2021.pdf
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Details

Supervisors
d'Argent, Pierre
Faculty
Faculté de droit et de criminologie
Degree label
Master de spécialisation en droit international
Abstract
This study aims at analysing the main features of the power of the International Court of Justice to indicate provisional measures under Article 41 of its Statute, and to understand their relevance in the context of the different potential outcomes of the proceedings. To that purpose, it first summarizes the historical evolution of the Court's approach towards provisional measures, as reflected in its case law and Rules of Court. It then analyses the potential definition of such power as an inherent one, as well as its scope of application and effects. Finally, it seeks to understand how non-compliance with provisional measures could be dealt with by the parties and the Court, and the relation between the measures indicated by the Court and a possible rejection of the main claim on the basis of successful preliminary objections or on the merits.