The Case Law
(5,779 words)

paragraph 346 in volume 3, chapter 24, Provisional Measures of Protection

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Proceedings for provisional measures possess an independent character which sets them apart from the mainline proceedings in the case. There are two principal elements. The first is that the request for the measures must relate to the rights of the parties which the Court has been asked to settle in the judgment on the merits. The second, which is related, is that the Court must be satisfied that it has prima facie jurisdiction over that claim.1

These principles in combination have been the …

Cite this page
Malcolm N. Shaw, “The Case Law”, in: Rosenne's Law and Practice of the International Court: 1920-2015. Consulted online on 15 December 2017 <http://dx.doi.org/10.1163/2468-5992_rose_COM_0346>
First published online: 2017
First print edition: 20161001



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