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Title:
Provisional measures issued by international courts and tribunals / Fulvio Maria Palombino, Roberto Virzo, Giovanni Zarra, editors.
Publisher:
T.M.C. Asser Press,
Copyright Date:
2021
Description:
vi, 369 pages ; 24 cm
Subject:
International Court of Justice.
International Court of Justice.
Civil procedure (International law)
Provisional remedies.
International courts.
Civil procedure (International law)
International courts.
Provisional remedies.
Other Authors:
Palombino, Fulvio Maria, editor.
Virzo, Roberto, editor.
Zarra, Giovanni, editor.
Notes:
Includes bibliographical references.
Contents:
Conclusion / Fulvio Maria Palombino. Provisional measures in ICSID arbitration proceedings : between the current legal framework and the proposed reform / Hugh Thirlway -- Requirements for the issuance of provisional measures / Guillaume Le Floch -- Autonomy of provisional measures / Eva Rieter -- The humanisation of provisional measures? : plausability and the interim protection of rights before the ICJ / Tom Sparks and Mark Somos -- Opposites attract? : provisional measures in the International Court of Justice oscillating between the judicial function and party autonomy / Stephan Wittich -- A "game of give and take" : the ITLOS, the ICJ and provisional measures / Loris Marotti -- Interim measures in the practice of the International Court of Justice and the International Criminal Court / Peter Kovacs -- Reflections on the provisional measures in inter-state arbitration / Yoshifumi Tanaka -- The procedural features of interim relief before the Court of Justice of the European Union / Massimo Francesco Orzan -- Interim measures at the European Court of Human Rights : current practice and future challenges / Andrea Saccucci -- Provisional measures under the African human rights system / Giuseppe Pascale -- The functions of provisional measures in international commercial arbitration : between efficacy and innovation / Giovanni Zarra -- The enforcement of provisional measures / Andrea Carlevaris -- Provisional measures in ICSID arbitration proceedings : between the current legal framework and the proposed reform / Domenico Pauciulo -- Conclusion / Fulvio Maria Palombino.
Summary:
This book makes a significant contribution to the comprehension of the law and practice of provisional measures issued by international courts and tribunals, including international commercial arbitration. After having analyzed the common features of provisional measures, it provides an overview of the peculiarities of these orders within the context of different international proceedings (e.g. the ICJ, the ITLOS, the CJEU, the ICC, human rights courts and investment arbitration). In this regard, the book is valuable in offering a broad and rigorous comparative analysis between the various forms of provisional measures. Owing to its original cross-cutting and case-driven approach, the book will be an essential tool for both scholars and practitioners dealing with the law of provisional measures in international adjudication. Indeed, this book will be an important novelty in international law libraries due to the broad range of regimes scrutinized and to a detailed analysis of the general trends within the contemporary law of provisional measures.
ISBN:
9789462654105
9462654107
OCLC:
(OCoLC)1191237557
Locations:
OVUX522 -- University of Iowa Libraries (Iowa City)

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