The Protection of Human Life Through Provisional Measures Indicated by the International Court of Justice

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6 Citations (Scopus)

Abstract

Recently, the ICJ appears to have been taking into account the protection of human life in its indication of provisional measures. This raises the question of how and to what extent the human life element influences the criteria for indicating provisional measures. After considering the meaning of ‘irreparability’ in the Court's jurisprudence, the author analyzes recent case law in the light of a link between irreparable harm and those rights of the parties that constitute the subject matter of the dispute in judicial proceedings. In conclusion, the author criticizes the Court's recent approach towards indicating provisional measures, as it raises some problems concerning jurisdiction, as well as the binding character and the nature of provisional measures.

Original languageEnglish
Pages (from-to)345-366
Number of pages22
JournalLeiden Journal of International Law
Volume15
Issue number2
DOIs
Publication statusPublished - 2002
Externally publishedYes

Fingerprint

International Court of Justice
case law
jurisprudence
jurisdiction
indication

Keywords

  • Breard
  • International Court of Justice
  • irreparability
  • LaGrand
  • provisional measures

ASJC Scopus subject areas

  • Political Science and International Relations
  • Law

Cite this

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abstract = "Recently, the ICJ appears to have been taking into account the protection of human life in its indication of provisional measures. This raises the question of how and to what extent the human life element influences the criteria for indicating provisional measures. After considering the meaning of ‘irreparability’ in the Court's jurisprudence, the author analyzes recent case law in the light of a link between irreparable harm and those rights of the parties that constitute the subject matter of the dispute in judicial proceedings. In conclusion, the author criticizes the Court's recent approach towards indicating provisional measures, as it raises some problems concerning jurisdiction, as well as the binding character and the nature of provisional measures.",
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