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

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Provisional Measures in Advisory Proceedings
(597 words)

paragraph 412 in volume 3, chapter 30, Advisory Proceedings

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There is no provision in the Statute regarding advisory proceedings corresponding to Article 41 of the Statute in contentious proceedings. However, presumably if, under Article 68 of the Statute, an advisory opinion is requested on a question pending between two or more States, the Court could decide to apply Article 41 and indicate in an appropriate form measures which, in its view, ought to be taken to preserve the respective rights of either party. In that event, howeve…

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Malcolm N. Shaw, “Provisional Measures in Advisory Proceedings”, in: Rosenne's Law and Practice of the International Court: 1920-2015. Consulted online on 25 September 2023 <>
First published online: 2017
First print edition: 20161001

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