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A Common Law of International Adjudication$
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Chester Brown

Print publication date: 2007

Print ISBN-13: 9780199206506

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199206506.001.0001

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Power of International Courts to Grant Provisional Measures

Power of International Courts to Grant Provisional Measures

Chapter:
(p.119) 4 Power of International Courts to Grant Provisional Measures
Source:
A Common Law of International Adjudication
Author(s):

Chester Brown

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199206506.003.0005

This chapter examines the power of international courts to grant provisional measures and analyses whether there is an emerging common practice. It first describes the purpose of provisional measures in international adjudication. It then considers the source of the power to grant provisional measures. Many international courts have an express power in their constitutive instruments, but several international courts have exercised the power as an inherent power. The chapter then examines the features common in the exercise of the power by a range of international courts — consideration of the question of jurisdiction over the merits of the dispute; the circumstances relevant to the granting of provisional measures; and the binding quality of provisional measures. Finally, the chapter considers the power of international courts to grant provisional measures ultra petita and proprio motu. It concludes that there is substantial commonality in the practice of international courts concerning provisional measures.

Keywords:   interim measures, conservatory measures, express powers, inherent powers, jurisdiction over merits, irreparable prejudice, urgency, binding nature

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