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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 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

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

The Effect of the Nature of the Rule Prohibiting Genocide in Issuing Provisional Measures: The Lessons of the Gambia against Myanmar Case [PDF]

open access: yesحقوق بشر, 2022
Can a State that has not been Injured by the violation invoke the responsibility of the responsible state? This is a question that was discussed years before the final approval of the Draft of State Responsibility in 2001, and was eventually reflected in
Abdollah Abedini, Bahman Bahri Khiyavi
doaj   +1 more source

ANALYSIS OF THE CONDITIONS FOR THE APPLICATION OF INTERIM MEASURES IN RECENT CASE-LAW

open access: yesJurisprudencija, 2023
This article analyses the conditions for the application of interim measures in civil proceedings. With regard to the first condition for interim measures, the probable validity of the claim, it seeks answers as to what kind of judicial certainty is ...
Artur Doržinkevič
doaj   +1 more source

CONDITIONS FOR THE APPLICATION OF PROVISIONAL MEASURES IN CERTAIN CATEGORIES OF CIVIL CASES

open access: yesJurisprudencija, 2023
This article analyzes the problems of applying provisional measures in civil cases of special categories (categories of intellectual property, public procurement and cases related to the protection of commercial secrets).
Artur Doržinkevič   +1 more
doaj   +1 more source

Plausibility of Claims in Provisional Measures Adopted by ICJ [PDF]

open access: yesFaṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī, 2022
The International Court of Justice is empowered, under Article 41 of its Statute, to order provisional or interim measures of protection to preserve the respective rights of the party-states pending final judgment on the merits.
Alireza Ebrahimgol, Hasan Khosroshahi
doaj   +1 more source

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: yesEuropean 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   +1 more source

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