Provisional Measures and the Link Requirement

In: The Law & Practice of International Courts and Tribunals
Massimo Lando School of Law, City University of Hong Kong Hong Kong SAR

Search for other papers by Massimo Lando in
Current site
Google Scholar
View More View Less
Download Citation Get Permissions

Access options

Get access to the full article by using one of the access options below.

Institutional Login

Log in with Open Athens, Shibboleth, or your institutional credentials

Login via Institution


Buy instant access (PDF download and unlimited online access):



In the context of requests for provisional measures, the link requirement has not attracted much scholarly attention and might be regarded as raising limited controversy. However, this article argues that the link is an unnecessary requirement for granting provisional measures by the International Court of Justice and the International Tribunal for the Law of the Sea. First, the function which the link purports to fulfil is already fulfilled by other requirements (i.e., prima facie jurisdiction, plausibility and real and imminent risk of irreparable prejudice). Second, if the link is understood as requiring provisional measures to be tailored to the rights of which protection is sought, the ICJ and ITLOS have the power to indicate measures different from those requested. One may suggest that the link therefore emerges as an unnecessary requirement which overburdens provisional measures proceedings.

Content Metrics

All Time Past Year Past 30 Days
Abstract Views 459 96 10
Full Text Views 127 15 1
PDF Views & Downloads 242 49 4