Provisional Measures before International Courts and Tribunals
Since the decision of the International Court of Justice in LaGrand (Germany v United States of America), the law of provisional measures has expanded dramatically both in terms of the volume of relevant decisions and the complexity of their reasoning. Provisional Measures before International Courts and Tribunals seeks to describe and evaluate this expansion, and to undertake a comparative analysis of provisional measures jurisprudence in a range of significant international courts and tribunals so as to situate interim relief in the wider procedure of those adjudicative bodies. The result is the first comprehensive examination of the law of provisional measures in over a decade, and the first to compare investor-state arbitration jurisprudence with more traditional inter-state courts and tribunals.
- An up-to-date and comparative examination of provisional measures before key international courts and tribunals, providing readers with a complete overview of the field
- Seeks to understand provisional measures as a phenomenon that interacts with other elements of international procedure
- Proposes the existence of a uniform approach to measures allowing academics and practitioners to see how different international courts and tribunals influence one another and show differences in approach
Reviews & endorsements
'Provisional Measures before International Courts and Tribunals is a work to feature prominently on the bookshelves of international legal academics, judges and practitioners. Miles has written a monograph which is likely to be regarded as a classic in its field, both because of its depth of analysis, and because of its valuable comparative perspective.' Massimo Lando, The Cambridge Law Journal
‘The book, characterized by a clear and flowing style, contains an impressive number of questions regarding interim relief, analyzed in a comparative perspective by reference to the different practices of selected international courts and tribunals. It also proves to have an eye-opening character by virtue of the systematic insights it gives about the source of the power to issue provisional measures, their binding nature, and the consequences arising from non-compliance as well as those of a more practical concern, addressed in the last chapter.’ Donato Greco, Heidelberg Journal of International Law
Product details
June 2018Paperback
9781107565173
590 pages
229 × 152 × 34 mm
0.74kg
Available
Table of Contents
- 1. Introduction
- Part I. Preliminary Matters:
- 2. Origins of provisional measures
- 3. Constituent instruments and procedural rules
- Part II. Provisional Measures in General:
- 4. Power to order provisional measures
- 5. Purpose of provisional measures
- 6. Prejudice and urgency
- 7. Content and enforcement
- Part III. Specific Aspects of Provisional Measures:
- 8. Questions of substance and procedure
- 9. Litigation strategy and provincial measures
- 10. Conclusions.