Provisional Measures Issued by International Courts and Tribunals / edited by Fulvio Maria Palombino, Roberto Virzo, Giovanni Zarra.

Format:

Book

Contributor:

Palombino, Fulvio Maria, editor.

Virzo, Roberto, editor.

Zarra, Giovanni, editor.

Language:

English

Subjects (All):

International law.

Human rights.

Conflict of laws.

Comparative law.

International criminal law.

Law--Europe.

Law.

Mediation.

Dispute resolution (Law).

Arbitration (Administrative law).

Public International Law.

Human Rights.

Private International Law, International and Foreign Law, Comparative Law.

International Criminal Law.

European Law.

Dispute Resolution, Mediation, Arbitration.

Local Subjects:

Public International Law.

Human Rights.

Private International Law, International and Foreign Law, Comparative Law.

International Criminal Law.

European Law.

Dispute Resolution, Mediation, Arbitration.

Physical Description:

1 online resource (VI, 369 p. 2 illus.)

Edition:

1st ed. 2021.

Place of Publication:

The Hague : T.M.C. Asser Press : Imprint: T.M.C. Asser Press, 2021.

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. Fulvio Maria Palombino is Professor of International Law in the Department of Law at the University of Naples Federico II, Naples, Italy. Roberto Virzo is Associate Professor of International Law in the Department of Law, Economics, Management and Quantitative Methods (DEMM) at the University of Sannio, Benevento, Italy. Giovanni Zarra is Adjunct Professor of International Law in the Department of Law at the University of Naples Federico II, Naples, Italy.

Contents:

Chapter 1. Introduction

Part I: General Features of Provisional Measures in International Adjudication

Chapter 2. Provisional Measures: How ‘Provisional’ is ‘Provisional’?

Chapter 3. Requirements for the Issuance of Provisional Measures

Chapter 4. Autonomy of Provisional Measures

Chapter 5. The Humanisation of Provisional Measures? — Plausibility and the Interim Protection of Rights before the ICJ

Part II: Provisional Measures Issued by Universal Courts and Inter-State Arbitral Tribunals

Chapter 6. Opposites Attract? — Provisional Measures in the International Court of Justice Oscillating Between the Judicial Function and Party Autonomy

Chapter 7. A “Game of Give and Take”: The ITLOS, the ICJ and Provisional Measures

Chapter 8. Interim Measures in the Practice of the International Court of Justice and the International Criminal Court

Chapter 9. Reflections on Provisional Measures in Inter-State Arbitration

Part III: Provisional Measures Issued by Regional Courts

Chapter 10. The Procedural Features of Interim Relief before the Court of Justice of the European Union

Chapter 11. Interim Measures at the European Court of Human Rights: Current Practice and Future Challenges

Chapter 12. Provisional Measures under the African Human Rights System

Part IV. Provisional Measures Issued by Commercial and Investments Arbitral Tribunals

Chapter 13. The Functions of Provisional Measures in International Commercial Arbitration: Between Efficacy and Innovation

Chapter 14. The Enforcement of Provisional Measures

Chapter 15. Provisional Measures in ICSID Arbitration Proceedings: Between the Current Legal Framework and the Proposed Reform

Chapter 16. Conclusions.

ISBN:

94-6265-411-5