PROVISIONAL MEASURES ISSUED BY INTERNATIONAL COURTS AND TRIBUNALS [electronic resource].
2021
KZ6250 .P70 2021
Available Online

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Title PROVISIONAL MEASURES ISSUED BY INTERNATIONAL COURTS AND TRIBUNALS [electronic resource].
ISBN 9789462654112 (electronic bk.)
9462654115 (electronic bk.)
9462654107
9789462654105
DOI https://doi.org/10.1007/978-94-6265-411-2
Imprint [S.l.] : T M C ASSER INSTITUUT, 2021.
Language English
Description 1 online resource
Other Standard Identifiers 10.1007/978-94-6265-411-2 doi
Call Number KZ6250 .P70 2021
Dewey Decimal Classification 341
Summary This book makes a significant contribution to the comprehension of the law and practice of provisional measures issued by international courts and tribunals, including international commercial arbitration. After having analyzed the common features of provisional measures, it provides an overview of the peculiarities of these orders within the context of different international proceedings (e.g. the ICJ, the ITLOS, the CJEU, the ICC, human rights courts and investment arbitration). In this regard, the book is valuable in offering a broad and rigorous comparative analysis between the various forms of provisional measures. Owing to its original cross-cutting and case-driven approach, the book will be an essential tool for both scholars and practitioners dealing with the law of provisional measures in international adjudication. Indeed, this book will be an important novelty in international law libraries due to the broad range of regimes scrutinized and to a detailed analysis of the general trends within the contemporary law of provisional measures. Fulvio Maria Palombino is Professor of International Law in the Department of Law at the University of Naples Federico II, Naples, Italy. Roberto Virzo is Associate Professor of International Law in the Department of Law, Economics, Management and Quantitative Methods (DEMM) at the University of Sannio, Benevento, Italy. Giovanni Zarra is Adjunct Professor of International Law in the Department of Law at the University of Naples Federico II, Naples, Italy.
Bibliography, etc. Note Includes bibliographical references.
Access Note Access limited to authorized users.
Digital File Characteristics text file PDF
Available in Other Form Print version: 9789462654105
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Chapter 1. Introduction
Part I: General Features of Provisional Measures in International Adjudication
Chapter 2. Provisional Measures: How 'Provisional' is 'Provisional'?
Chapter 3. Requirements for the Issuance of Provisional Measures
Chapter 4. Autonomy of Provisional Measures
Chapter 5. The Humanisation of Provisional Measures?
Plausibility and the Interim Protection of Rights before the ICJ
Part II: Provisional Measures Issued by Universal Courts and Inter-State Arbitral Tribunals
Chapter 6. Opposites Attract?
Provisional Measures in the International Court of Justice Oscillating Between the Judicial Function and Party Autonomy
Chapter 7. A "Game of Give and Take": The ITLOS, the ICJ and Provisional Measures
Chapter 8. Interim Measures in the Practice of the International Court of Justice and the International Criminal Court
Chapter 9. Reflections on Provisional Measures in Inter-State Arbitration
Part III: Provisional Measures Issued by Regional Courts
Chapter 10. The Procedural Features of Interim Relief before the Court of Justice of the European Union
Chapter 11. Interim Measures at the European Court of Human Rights: Current Practice and Future Challenges
Chapter 12. Provisional Measures under the African Human Rights System
Part IV. Provisional Measures Issued by Commercial and Investments Arbitral Tribunals
Chapter 13. The Functions of Provisional Measures in International Commercial Arbitration: Between Efficacy and Innovation
Chapter 14. The Enforcement of Provisional Measures
Chapter 15. Provisional Measures in ICSID Arbitration Proceedings: Between the Current Legal Framework and the Proposed Reform
Chapter 16. Conclusions.

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