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Provisional Measures Issued by International Courts and Tribunals

  • Book
  • © 2021

Overview

Editors:
  1. Fulvio Maria Palombino

    1. Department of Law, University of Naples Federico II, Naples, Italy

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    You can also search for this editor in PubMed   Google Scholar

  2. Roberto Virzo

    1. DEMM, University of Sannio, Benevento, Italy

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    You can also search for this editor in PubMed   Google Scholar

  3. Giovanni Zarra

    1. Department of Law, University of Naples Federico II, Naples, Italy

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    You can also search for this editor in PubMed   Google Scholar

  • The only book to analyze all provisional measures available within the entire international law framework
  • The only book to endorse a comparative approach between international courts and tribunals
  • Contributors include some of the most acknowledged scholars and practitioners within the field of provisional measures

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Table of contents (16 chapters)

  1. Front Matter

    Pages i-vi
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  2. Introduction

    • Roberto Virzo
    Pages 1-6

  3. General Features of Provisional Measures in International Adjudication

    1. Front Matter

      Pages 7-7
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    2. Provisional Measures: How “Provisional” Is “Provisional”?

      • Hugh Thirlway
      Pages 9-17

    3. Requirements for the Issuance of Provisional Measures

      • Guillaume Le Floch
      Pages 19-54

    4. Autonomy of Provisional Measures

      • Eva Rieter
      Pages 55-76

    5. The Humanisation of Provisional Measures?—Plausibility and the Interim Protection of Rights Before the ICJ

      • Tom Sparks, Mark Somos
      Pages 77-105

  5. Provisional Measures Issued by Regional Courts

    1. Front Matter

      Pages 197-197
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    2. The Procedural Features of Interim Relief Before the Court of Justice of the European Union

      • Massimo Francesco Orzan
      Pages 199-213

    3. Interim Measures at the European Court of Human Rights: Current Practice and Future Challenges

      • Andrea Saccucci
      Pages 215-252

    4. Provisional Measures Under the African Human Rights System

      • Giuseppe Pascale
      Pages 253-275

  6. Provisional Measures Issued by Commercial and Investments Arbitral Tribunals

    1. Front Matter

      Pages 277-277
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    2. The Functions of Provisional Measures in International Commercial Arbitration: Between Efficacy and Innovation

      • Giovanni Zarra
      Pages 279-296

    3. The Enforcement of Provisional Measures

      • Andrea Carlevaris
      Pages 297-317

    4. Provisional Measures in ICSID Arbitration Proceedings: Between the Current Legal Framework and the Proposed Reform

      • Domenico Pauciulo
      Pages 319-364
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Keywords

About this book

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.


Fulvio Maria Palombino is Professor of International Law in the Department of Law at the University of Naples Federico II, Naples, Italy.


Roberto Virzo is Associate Professor of International Law in the Department of Law, Economics, Management and Quantitative Methods (DEMM) at the University of Sannio, Benevento, Italy.


Giovanni Zarra is Adjunct Professor of International Law in the Department of Law at the University of Naples Federico II, Naples, Italy.



Editors and Affiliations

  • Department of Law, University of Naples Federico II, Naples, Italy

    Fulvio Maria Palombino, Giovanni Zarra

  • DEMM, University of Sannio, Benevento, Italy

    Roberto Virzo

About the editors

Fulvio Maria Palombino is Professor of International Law in the Department of Law at the University of Naples Federico II, Naples, Italy.


Roberto Virzo is Associate Professor of International Law in the Department of Law, Economics, Management and Quantitative Methods (DEMM) at the University of Sannio, Benevento, Italy.

Giovanni Zarra is Adjunct Professor of International Law in the Department of Law at the University of Naples Federico II, Naples, Italy.

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