Enforceability or unenforceability of interim and conservatory measures issued by international court of justice

Document Type : Research Paper

Authors

1 استاد دانشگاه تهران

2 دانشجو دکترای حقوق بین الملل سرمایه گذاری، دانشگاه پاریس ،1 سوربن

10.22099/jls.2014.1914

Abstract

Interim and conservatory measures are special legal entities which have specific functions in the domestic law, but in international public law, it is not explicitly mentioned and its availability as a binding procedure is unknown. The reason for such difference between domestic law and international public law is the text of art. 41 of the statute of international court of justice and art. 91 of the UN charter which are both unclear in stating this procedure as an enforceable one.
       In this article, in order to make a clarification of this classical procedure, we are going to make a comparative consideration among other branches of international law specifically international trade law to show how these types of measure are treated in practice.
 
 

Keywords

Journal of Legal Studies
Volume 5, Issue 3 - Serial Number 3
March 2014
Pages 141-160

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