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Since the decision of the International Court of Justice in LaGrand (Germany v United States of America), the law of provisional measures has expanded dramatically both in terms of the volume of relevant decisions and the complexity of their reasoning. Provisional Measures before International Courts and Tribunals seeks to describe and evaluate this expansion, and to undertake a comparative analysis of provisional measures jurisprudence in a range of significant international courts and tribunals so as to situate interim relief in the wider procedure of those adjudicative bodies. The result is the first comprehensive examination of the law of provisional measures in over a decade, and the first to compare investor-state arbitration jurisprudence with more traditional inter-state courts and tribunals.
List of contents
1. Introduction; Part I. Preliminary Matters: 2. Origins of provisional measures; 3. Constituent instruments and procedural rules; Part II. Provisional Measures in General: 4. Power to order provisional measures; 5. Purpose of provisional measures; 6. Prejudice and urgency; 7. Content and enforcement; Part III. Specific Aspects of Provisional Measures: 8. Questions of substance and procedure; 9. Litigation strategy and provincial measures; 10. Conclusions.
About the author
Cameron A. Miles is a barrister of Gray's Inn and a barrister and solicitor of the Supreme Court of Victoria and the High Court of Australia. He is a practicing public international lawyer and a member of 3 Verulam Buildings, London.
Summary
This study undertakes a comparative analysis of provisional measures before international courts and tribunals, examining the whole corpus of practice. It identifies a uniform approach to the question of interim relief, and in the process provides an exhaustive and up-to-date analysis of this rapidly evolving area of international procedural law.
