Expanding the Competence to Issue Provisional Measures – Strengthening the International Judicial Function

  • Karin Oellers-Frahm
Chapter
Part of the Beiträge zum ausländischen öffentlichen Recht und Völkerrecht book series (BEITRÄGE, volume 236)

Abstract

In international law, jurisdiction serves the same principal aim as in national law, namely the settlement of disputes in order to maintain (legal) peace and security. In international law, as in national law, judicial procedures take time, sometimes a lot of time, during which the rights at stake may be negatively affected by acts of one of the parties potentially resulting in an ineffective judgment. A remedy against such an occurrence has been developed through an instrument of interim protection by which the court directs the parties to leave the rights as they stand and not to interfere with the situation.1 Such an instrument appears indispensable in order to ensure that a court or tribunal is able to effectively exercise its function.2 At the national level, interim protection is usually unproblematic since the competence of the tribunals is mostly comprehensive.

Keywords

Security Council Provisional Measure Arbitral Tribunal Binding Nature International Court 
These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

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Copyright information

© Max-Planck-Gesellschaft zur Förderung der Wissenschaften e.V. 2012

Authors and Affiliations

  • Karin Oellers-Frahm
    • 1
  1. 1.Max Planck Institute for Comparative Public Law and International Law (MPIL)HeidelbergGermany

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