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Provisional Measures: How “Provisional” Is “Provisional”?
2020Article 41 of the ICJ Statute provides that the Court may indicate any provisional measure in order to preserve the rights of the parties. While these measures cease to have effect if the claim is dismissed, it is apparent that—in the meantime—they may affect the respondent’s interests.
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Abstract The effective administration of justice may require the court to grant a range of provisional measures. Such measures have, historically, not been systemised in England and Wales, although they have in other jurisdictions. This Part provides a functional systemisation of those provisional measures available to support litigation
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2016
Abstract This chapter looks at provisional measures. Provisional measures in international judicial proceedings are indications, by the court seised of the matter, of action to be taken, or not to be taken, by one or both of the parties during the period leading up to the decision.
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Abstract This chapter looks at provisional measures. Provisional measures in international judicial proceedings are indications, by the court seised of the matter, of action to be taken, or not to be taken, by one or both of the parties during the period leading up to the decision.
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2023
Abstract This chapter focuses on provisional sanitary and phytosanitary (SPS) measures. In this context, it analyzes in details four constituting conditions of Article 5.7: (i) a measure must be imposed in respect of a situation where ‘relevant scientific information is insufficient’; (ii) such a measure needs to be adopted ‘on the basis
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Abstract This chapter focuses on provisional sanitary and phytosanitary (SPS) measures. In this context, it analyzes in details four constituting conditions of Article 5.7: (i) a measure must be imposed in respect of a situation where ‘relevant scientific information is insufficient’; (ii) such a measure needs to be adopted ‘on the basis
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2015
Abstract This chapter discusses Art 35 of Regulation (EU) No 1215/2012 of the European Parliament and of the Council on Jurisdiction and the Recognition and Enforcement of Judgments (Recast). Art 35 is an exception to the principle that jurisdiction can only be established under the grounds of jurisdiction provided for in the Regulation ...
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Abstract This chapter discusses Art 35 of Regulation (EU) No 1215/2012 of the European Parliament and of the Council on Jurisdiction and the Recognition and Enforcement of Judgments (Recast). Art 35 is an exception to the principle that jurisdiction can only be established under the grounds of jurisdiction provided for in the Regulation ...
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Article 7: Provisional Measures
2009Abstract Article 7 lays down the details with regard to the imposition of provisional anti-dumping duties. In the WTO Anti-dumping Agreement, the corresponding provisions concerning provisional measures can be found in its Articles 7 and 12.2.l.
Wolfgang Müller +2 more
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Provisional and protective measures
2018The Court may, by way of order, grant injunctions against an alleged infringer or against an intermediary whose services are used by the alleged infringer, intended to prevent any imminent infringement, to prohibit, on a provisional basis and subject, where appropriate, to a recurring penalty payment, the continuation of the alleged infringement or to ...
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