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The Reality of International LawEssays in Honour of Ian Brownlie$
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Guy S. Goodwin-Gill and Stefan Talmon

Print publication date: 1999

Print ISBN-13: 9780198268376

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198268376.001.0001

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Forum Prorogatum and the Indication of Provisional Measures in the International Court of Justice

Forum Prorogatum and the Indication of Provisional Measures in the International Court of Justice

Chapter:
(p.565) Chapter 25 Forum Prorogatum and the Indication of Provisional Measures in the International Court of Justice
Source:
The Reality of International Law
Author(s):

Sienho Yee

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198268376.003.0025

This chapter examines the doctrine forum prorogatum and the evidence of provisional measures in the International Court of Justice (ICJ). It explains that forum prorogatum has been applied by the Permanent Court of International Justice (PCIJ) and the ICJ as a flexible way of founding the jurisdiction of the Court over the merits of a dispute. It suggests that a case must first exist before the Court may proceed to consider a request for provisional measures, and that there must be prima facie evidence of jurisdiction before the Court may indicate provisional measures.

Keywords:   forum prorogatum, provisional measures, ICJ, PCIJ, legal jurisdiction, legal doctrine

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