Requirements for the Issuance of Provisional Measures

Autor: Guillaume Le Floch
Rok vydání: 2020
Předmět:
Zdroj: Provisional Measures Issued by International Courts and Tribunals ISBN: 9789462654105
DOI: 10.1007/978-94-6265-411-2_3
Popis: Provisional measures in international law are regulated by each court’s own rules. The provisions are usually written in a very general fashion and often only authorise courts to take provisional measures which they consider necessary or appropriate. Nevertheless, the relevant practice shows that different judicial bodies have formulated similar requirements for the issuance of provisional measures. This chapter aims at shedding some light on the requirements arising from the peculiar character of provisional measures. In this respect, it is contended that international courts and tribunals enjoy a considerable margin of appreciation when examining a request for provisional measures.
Databáze: OpenAIRE