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Max Planck Encyclopedia of International Procedural Law [MPEiPro]

Provisional Measures: International Tribunal for the Law of the Sea (ITLOS)

Rüdiger Wolfrum

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 05 July 2020

Subject(s):
Marine environment, protection — Expedited procedure — International courts and tribunals, powers — Burden of proof (and jurisdiction) — Subject matter of the dispute (and jurisdiction) — Interim and provisional measures

Published under the direction of Hélène Ruiz Fabri, with the support of the Department of International Law and Dispute Resolution, under the auspices of the Max Planck Institute Luxembourg for Procedural Law.

1 International courts or tribunals generally have the competence to issue provisional measures. The mandate of all of them, their procedures as well as competences, are all fairly similar. This is because the respective procedures have been developed from a common model, namely, the Statute of the Permanent Court of International Justice (PCIJ) (1920) (‘PCIJ Statute’). The PCIJ Statute was inspired by the work of the Institute of International Law in 1875 and by the rules of the Central American Court of Justice (1907–18). The jurisprudence of the PCIJ also...
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