Non-Appearance and Provisional Measures of Protection
(450 words)

paragraph 336 in volume 3, chapter 23, Non-Appearance

previous paragraph

Although there have been several instances of requests for the indication of provisional measures of protection in which the respondent did not appear at the hearing or defend its case, the Court has never invoked Article 53 as a basis for its decisions. The rule of jurisdiction to indicate provisional measures, that the applicant must show that prime facie the Court has jurisdiction over the merits of the claim, is not compatible with the firm requirement of Article 53 that the Court must establish its jurisdicti…

Cite this page
Malcolm N. Shaw, “Non-Appearance and Provisional Measures of Protection”, in: Rosenne's Law and Practice of the International Court: 1920-2015. Consulted online on 19 October 2017 <http://dx.doi.org/10.1163/2468-5992_rose_COM_0336>
First published online: 2017
First print edition: 20161001



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