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Abstract
Recently, the International Court of Justice dealt with a request to interpret provisional measures previously indicated in the Ukraine v. Russian Federation case. However, the Court never disclosed its official position on the request, but reportedly limited itself to reaffirming the binding nature of its previous Order. The present contribution aims at analyzing from a general point of view whether the ICJ would be ready to settle interpretative disputes that arise with regard to the meaning and scope of provisional measures already indicated. Despite several paths that could be envisaged in theory, only one of them seems to be suitable to reach that goal.
Author:
Abstract
More and more frequently, states resort to the ICJ, claiming the violation of international treaties and attempting to ground the jurisdiction of the Court on compromissory clauses contained therein. Despite the growing number of such cases, an analysis of recently rendered judgments on preliminary objections demonstrates that until now the Court has been unable or unwilling to identify and apply a coherent jurisdictional test to assess its jurisdiction ratione materiae. Some suggestions are formulated as for the test that the Court should apply to determine whether the claims presented by the applicant genuinely fall within the provisions of the international treaty containing the compromissory clause vel non.
The Temporal Factor in Proceedings before International Courts and Tribunals
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Associate Editor:
Time and International Adjudication fills a gap in international legal literature in the field of international dispute settlement, by providing a wide selection of stimulating contributions by leading international lawyers and scholars, aimed at discussing the role of time in proceedings before international courts and tribunals.
The relevance of the temporal factor in international litigation is assessed by considering each of the different phases of international judicial proceedings. The analysis covers inter-State proceedings before both permanent courts and tribunals (such as the ICJ, ITLOS and the DSB of the WTO) and arbitral tribunals, as well as international proceedings between individuals and States before regional human rights courts and investment tribunals.
The relevance of the temporal factor in international litigation is assessed by considering each of the different phases of international judicial proceedings. The analysis covers inter-State proceedings before both permanent courts and tribunals (such as the ICJ, ITLOS and the DSB of the WTO) and arbitral tribunals, as well as international proceedings between individuals and States before regional human rights courts and investment tribunals.
The Temporal Factor in Proceedings before International Courts and Tribunals
Editor:
Time and International Adjudication fills a gap in international legal literature in the field of international dispute settlement, by providing a wide selection of stimulating contributions by leading international lawyers and scholars, aimed at discussing the role of time in proceedings before international courts and tribunals.
The relevance of the temporal factor in international litigation is assessed by considering each of the different phases of international judicial proceedings. The analysis covers inter-State proceedings before both permanent courts and tribunals (such as the ICJ, ITLOS and the DSB of the WTO) and arbitral tribunals, as well as international proceedings between individuals and States before regional human rights courts and investment tribunals.
The relevance of the temporal factor in international litigation is assessed by considering each of the different phases of international judicial proceedings. The analysis covers inter-State proceedings before both permanent courts and tribunals (such as the ICJ, ITLOS and the DSB of the WTO) and arbitral tribunals, as well as international proceedings between individuals and States before regional human rights courts and investment tribunals.