Rosenne's Law and Practice of the International Court: 1920-2015

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Fresh Request
(614 words)

paragraph 343 in volume 3, chapter 24, Provisional Measures of Protection

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Article 75, paragraph 3, of the Rules provides that the rejection of a request for the indication of provisional measures shall not prevent the party which made it from making a fresh request in the same case based on new facts. There have been two clear instances of this in the present Court.1

In the Military and Paramilitary Activities in and against Nicaragua case, six weeks after the Court had issued its order indicating provisional measures, Nicaragua requested a further i…

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Malcolm N. Shaw, “Fresh Request”, in: Rosenne's Law and Practice of the International Court: 1920-2015. Consulted online on 30 March 2023 <http://dx.doi.org/10.1163/2468-5992_rose_COM_0343>
First published online: 2017
First print edition: 20161001



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