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

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Possible Misuse of Provisional Measures Procedure
(1,928 words)

paragraph 347A in volume 3, chapter 24, Provisional Measures of Protection

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The inherent nature of provisional measures proceedings and the factor of urgency supply an element of drama which fits in well with modern practices of diplomacy by television and the Internet. A judge of the International Tribunal for the Law of the sea has written:

Sometimes one has the impression that the real objective of the applicant is to bring to the Court a request for provisional measures, rather than institute proceedings in the Court. The previous…

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Malcolm N. Shaw, “Possible Misuse of Provisional Measures Procedure”, in: Rosenne's Law and Practice of the International Court: 1920-2015. Consulted online on 07 June 2023 <>
First published online: 2017
First print edition: 20161001

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