Interim Measures Indicated by International Courts
(Sprache: Englisch)
The book covers the theory and practice of granting interim relief in the International Court of Justice, the Court of Justice of the European Communities and the American as well as the European Court of Humans Rights. The main issues, namely questions of...
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The book covers the theory and practice of granting interim relief in the International Court of Justice, the Court of Justice of the European Communities and the American as well as the European Court of Humans Rights. The main issues, namely questions of jurisdiction, urgency, irreparable dammage, binding force and enforceability of interim measures ara analyzed with special vie to practice. The reports and the discussion clearly focus on the shortcomings of statute provisions and the difficulties resulting there from indicating at the same time for remedying the outstanding problems in a way consistent with international law.
Klappentext zu „Interim Measures Indicated by International Courts “
Professor Hermann Mosler, former Director of the Max Planck Institute for Comparative Public Law and International Law, former Judge and Vice President of the European Court of Human Rights, Judge of the Interna tional Court of Justice from 1976 to 1985, celebrated his 80th birthday at the end of the year 1992. On 22nd January 1993, the Max Planck Institute organized a colloquium in honour of Hermann Mosler, on a topic which is of theoretical as weIl as practical interest: Interim Measures Indicated by International Courts. The participants of the colloquium were outstanding scholars and experts in the area of international dispute settlement. The present publication is based on the colloquium of January 1993. It contains four reports, namelyon the International Court of Justice (Thirl way), the Court of Justice of the European Communities (Jacobs), the Inter-American Court of Human Rights (Buergenthal) and the European Court of Human Rights (Bernhardt). Three of the reports wereorally pre sented and discussed, and they have been revised and expanded for this publication; the report by Thomas Buergenthal could only be submitted in writing. In preparing the colloquium the authors were requested to concentrate their contributions on the following questions : 1. Legal bases for the indication of interim measures (convention, statute, rules of court). 2. Conditions for the indication of interim measures (jurisdiction, compe tence, admissibility, urgency, necessity - irreparable damage -; request of the parties andjor indication by the court proprio molu).
Inhaltsverzeichnis zu „Interim Measures Indicated by International Courts “
Summary of the Contents:Part One: Reports
H. W. A. Thorlway:
The Indication of Provisional Measures
by the International Courts of Justice
Francis G. Jacobs:
Interim Measures in the Law and Practice of the Court
of Justice of the European Communities
Thomas Burgenthal:
Interim Measures in the Inter-Amreicamn Court
of Human Rights
Rudolf Bernhardt:
Interim Measures of Protection under the European Convention
of Human Rights
Part Two: Colloquium
Jochen Abr. Frowein:
Opening Address
Discussion
List of Participants
Bibliographische Angaben
- 1994, 1994., 156 Seiten, Maße: 16 x 24,1 cm, Gebunden, Englisch
- Ed. by Rudolf Bernhardt
- Herausgegeben: Rudolf Bernhardt
- Verlag: Springer
- ISBN-10: 3540582703
- ISBN-13: 9783540582700
- Erscheinungsdatum: 24.10.1994
Sprache:
Englisch
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