Expanding the Competence to Issue Provisional Measures – Strengthening the International Judicial Function
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.
KeywordsSecurity Council Provisional Measure Arbitral Tribunal Binding Nature International Court
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