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Challenges of Dispute Settlement through International Court of Justice (ICJ): the Case of Ukraine v. Russian Federation the Decision on Provisional Measures on Alleged Violation of Genocide Convention

open access: diamondEuropean Scientific Journal, 2022
This article aims to discuss the challenges faced by the International Court of Justice (ICJ) in the international dispute resolution processes by analyzing the case of Ukraine v.
Bezabh Abebe Bahiru
semanticscholar   +4 more sources

PROVISIONAL MEASURES AND CHILD ABDUCTION PROCEEDINGS

open access: yesPravni Vjesnik, 2019
The purpose of the established system of the proceedings in cases of international child abduction, as set out in the Hague Convention on Child Abduction, which has been strengthened, in relation to the EU Member States, by the provisions of the Brussels
Mirela Župan   +2 more
doaj   +2 more sources

Provisional Measures in ICSID Arbitration from "wonderland's Jurisprudence" to Informal Modification of Treaties [PDF]

open access: yes, 2017
Since 1999, ICSID tribunals have almost systematically held that they have the power not only to recommend but also to order provisional measures under Article 47 of the ICSID Convention and Rule 39 of the Arbitration Rules.
Gazzini, Tarcisio, Kolb, Robert
core   +3 more sources

Provisional and Protective Measures [PDF]

open access: gold, 2021
Abstract This chapter focuses on provisional and protective measures, which are important both in domestic and cross-border litigation to secure effective enforcement or to otherwise preserve rights and prevent (further) harm prior to the commencement of proceedings or pending final judgment.
European Law
openaire   +2 more sources

Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (S. Afr. v. Isr.); Request for the Indication of Provisional Measures (I.C.J.) [PDF]

open access: hybridInternational Legal Materials
Genocide is the denial of the right of existence of a human group committed by intentional killing, destruction, or extermination of the group. Prohibited under international law as a jus cogens norm, it cannot be derogated from by international ...
Özlem Ülgen
openalex   +2 more sources

Assessing The Effectiveness and Adequacy of Provisional Measures in Genocide Cases: A Comparative Study

open access: diamondJournal of Balkan Studies
In international law, provisional measures refer to orders directed at the parties in a pending dispute, requiring them to act or refrain from acting in a certain way to safeguard their rights until a final judgment is rendered.
Ali Osman Karaoğlu
doaj   +3 more sources

Provisional Measures and the Jadhav Case

open access: yesGroningen Journal of International Law, 2017
The Jadhav Case is an interesting case which, besides adding to a discernible frequency of provisional measures disputes in international litigation, brings to the fore at least two aspects of particular importance: the evolution of the jurisprudence of ...
Ravindra Pratap
doaj   +2 more sources

The Plight of the Rohingya: Genocide Allegations and Provisional Measures in The Gambia v Myanmar at the International Court of Justice

open access: green, 2020
On 23 January 2020, the International Court of Justice indicated provisional measures against Myanmar in the case brought by The Gambia under the 1948 Genocide Convention.
Michael A. Becker
openalex   +2 more sources

Provisional Measures in Investor-State Arbitration: States Playing Games in Local Courts by Invoking the Trump Card (Police Powers)

open access: yesUniversity of Bologna Law Review, 2019
This paper outlines arbitral tribunals’ power to order provisional measures under the auspices of I.C.S.I.D. Arbitration; that is, investor-state arbitration.
Ylli Dautaj, Bruno Gustafsson
doaj   +2 more sources

Provisional Measures Against EU Member States in the light of the Białowieża Forest case

open access: yesEastern European Journal of Transnational Relations, 2018
The purpose of the article is to present the specific relationship between the EU, which is a unique international organisation, and its Member States, which are the source of integration and, paradoxically, its natural limit.
Robert Grzeszczak, Mateusz Muchel
doaj   +2 more sources

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