Interim Measures of Protection in International Controversies

The author desires to thank his family and the authorities of Harvard University for enabling him to continue his legal studies until this book was written, and to thank for their stimulating suggestions the multitude of friends in many ...

Author: E. Dumbauld

Publisher: Springer

ISBN: STANFORD:36105044423155

Category: Law

Page: 230

View: 945

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The author hopes that the present work may be of value to his colleagues in the legal profession who in one way or another are called upon to take part in the administration of international justice according to law. By a happy coincidence it was concluded on the tenth anniversary of the establishment of the Permanent Court of International Justice. The author is conscious of divers shortcomings. In particular he wishes that the survey of national law in Chapter II were more comprehensive and complete, and regrets that he was not per mitted to examine the original documents in the case of Count ess Szechenyi before the Czechoslovak-Hungarian Mixed Arbi tral Tribunal. Investigation of the briefs and records of cases be fore the United States Supreme Court might bring to light infor mation not found in the reports. The author desires to thank his family and the authorities of Harvard University for enabling him to continue his legal studies until this book was written, and to thank for their stimulating suggestions the multitude of friends in many lands with whom he has had the benefit of valuable discussions in rem, not to speak of purely personal courtesies and indirect help. If there exists such a thing as international intellectual co-operation, this study may be regarded as one of its fruits.

Interim Measures of Protection in International Controversies

Consequently jurisdiction to grant protection pendente lite is not dependentupon jurisdiction in the principal action5 ). From this it follows that interim measures maybe granted before apleato the jurisdictionis disposed of;6 ) and ...

Author: E. Dumbauld

Publisher: Springer

ISBN: 9789401507202

Category: Law

Page: 204

View: 220

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The author hopes that the present work may be of value to his colleagues in the legal profession who in one way or another are called upon to take part in the administration of international justice according to law. By a happy coincidence it was concluded on the tenth anniversary of the establishment of the Permanent Court of International Justice. The author is conscious of divers shortcomings. In particular he wishes that the survey of national law in Chapter II were more comprehensive and complete, and regrets that he was not per mitted to examine the original documents in the case of Count ess Szechenyi before the Czechoslovak-Hungarian Mixed Arbi tral Tribunal. Investigation of the briefs and records of cases be fore the United States Supreme Court might bring to light infor mation not found in the reports. The author desires to thank his family and the authorities of Harvard University for enabling him to continue his legal studies until this book was written, and to thank for their stimulating suggestions the multitude of friends in many lands with whom he has had the benefit of valuable discussions in rem, not to speak of purely personal courtesies and indirect help. If there exists such a thing as international intellectual co-operation, this study may be regarded as one of its fruits.

Essays in International Litigation and the Conflict of Laws

14 Interim Measures in International Tribunals I. A GENERAL PRINCIPLE OF LAW The wealth of the literature on interim ... Interim Measures of Protection in International Controversies ( 1932 ) ; Dumbauld , Relief Pendente Lite in the ...

Author: Lawrence Collins

Publisher: Oxford University Press

ISBN: 0198265662

Category: Law

Page: 526

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This is the paperback edition of Lawrence Collins' very well received hardback Essays in International Litigation and the Conflict of Laws. The book offers academics and practitioners a selection of the best essays written over a twenty-year period, updated where necessary with introductoryprefaces outlining the most important subsequent developments. Among the highlights is a report of the author's recent Hague lecture on Provisional and Protective Measures in International Litigation. Scholarly and incisive, these essays will be required reading for all academics and practitionersinterested in international litigation.

Provisional Measures in International Law

These changes make a comprehensive re-examination of the law and practice of the ICJ and the International Tribunal for the Law of the Sea (ITLOS) necesary, both from an academic perspective and as a matter of practice and procedure.Rosenne ...

Author: Shabtai Rosenne

Publisher: Oxford University Press on Demand

ISBN: 0199268061

Category: Law

Page: 241

View: 326

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Provisional measures of protection, the international equivalent of an interim injunction, are assuming growing importance in international law. These measures are designed to protect the rights of the parties pending the final decision in a dispute. Since the establishment of the PermanentCourt of International Justice in 1921 through its replacement by the International Court of Justice (ICJ) in 1945, the Court's power to indicate provisional measures has been controversial because it has been unclear whether such orders are binding. In 2001 the ICJ set that controversy at rest bydeciding that it imposes binding obligations on the parties, and that non-compliance could give rise to an instance of state responsibility and a cause of action. This rule has also been incorporated into the UN Convention on the Law of the Sea, one of the most important law-making conventionsadopted in the last 50 years. These changes make a comprehensive re-examination of the law and practice of the ICJ and the International Tribunal for the Law of the Sea (ITLOS) necesary, both from an academic perspective and as a matter of practice and procedure.Rosenne concludes that its work with provisional measures of protection may be the most significant of the ICJ's activities for the settlement of international disputes and the maintenance of international peace and securit,: the prime objective of the United Nations of which the ICJ is a principalorgan.

Provisional Measures in International Commercial Arbitration

This new and fully researched book fulfils and important need for user-friendly and complete practical coverage of provisional measures in international commercial arbitration.

Author: Ali Yeşilirmak

Publisher: International Arbitration Law

ISBN: 9041123539

Category: Law

Page: 329

View: 900

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Due to the nature of the arbitration process, provisional measures-especially interim protection of rights-tend to play a disproportionate role in international commercial arbitrations. Indeed, the need to clearly define such measures often constitutes the major stumbling block on the path to an effective resolution of a commercial dispute. This concise but enormously useful volume offers practitioners the information and advice they need to overcome this obstacle in the best possible way every time. The Author covers all the relevant avenues of research and practice, from an overview of the concept of provisional measures to an in-depth analysis of the weight and enforceability of such measures. Along the way the treatment covers such crucial topics and issues as the following: scholarly analysis of the problems and uncertainties surrounding provisional measures, and their solutions in light of arbitral and judicial practice; the complex interaction of historical prejudices, political will, and business needs that impact the usefulness of provisional measures; choice of forum to seek provisional measures and the problems associated with such choice; complementary mechanisms to arbitration for interim protection of rights; standards of principles and procedures for the grant of provisional measures; and a comprehensive review of the arbitrators' power to grant provisional measures and court assistance to arbitration. The presentation examines, compares, and analyses seventy sets of arbitration rules on provisional measures (including the arbitration rules of the ICC, AAA, and LCIA), all of the major state laws on commercial arbitration, and detailed analyses of numerous ICC and AAA awards, most of which have not been published before. This new and fully researched book fulfils and important need for user-friendly and complete practical coverage of provisional measures in international commercial arbitration. It wil be of great value to corporate counsel, international lawyers, and business people, as well as to students of dispute resolution.

The Iran United States Claims Tribunal

CHAPTER 6 Interim Measures of Protection An area of significant activity for the Tribunal , perhaps unusually so for ... Interim measures , according to the practice of international tribunals , are a particular form of relief or remedy ...

Author: Charles Nelson Brower

Publisher: Martinus Nijhoff Publishers

ISBN: 9041106278

Category: Law

Page: 958

View: 206

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The Iran-United States Claims Tribunal is arguably the most significant arbitral institution of the twentieth century. Although the completion of its last few cases could take a long time, the Tribunal's impressive work must be made available now as a guide to the resolution of ongoing disputes and for future tribunals. The Tribunal has, by this point, disposed of well over 98 percent of its caseload. Little more remains for its participants to learn, but the Tribunal shows no signs of fading away. Both of the two States Parties, for different reasons, see greater advantage in the Tribunal's prolongation than in its elimination. The authors have succeeded in dealing with all of the most deserving Tribunal subjects. Moreover, their intimate involvement in and knowledge of the Tribunal ensure that their book is a fascinating, important, and indispensable contribution to the literature of International Law. This is a definitive book on a monumental event in the law and in history at the close of a century. "The Iran-United States Claims Tribunal" was awarded the ASIL Certificate of Merit.

Interim Measures in International Commercial Arbitration

S. M. Ferguson , Interim Measures of Protection In International Commercial Arbitration : Problems , Proposed Solutions , And Anticipated Results , Currents Int'l Trade L.J. 2003 , No. 12 , at 55 . R. J. Werbicki , Arbitral Interim ...

Author: Association for International Arbitration

Publisher: Maklu

ISBN: 9046601447

Category: Law

Page: 136

View: 629

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The Association for International Arbitration (AIA) was founded in order to promote Arbitration and increase the level of knowledge about Alternative Dispute Resolutions.This book is the result of a conference held in October 2007.The contributions are written by international experts and based on analytical insights and research of new tendencies that provide in-depth information.The theme is a vital issue for arbitration services users and practitioners and also an interesting topic for scholars and students.

Provisional Measures before International Courts and Tribunals

The literature on the topic as a whole is vast, but for earlier substantial studies in the field, see Edward Dumbauld, Interim Measures of Protection in International Controversies (The Hague: Martinus Nijhoff, 1932); Jerome B Elkind, ...

Author: Cameron A. Miles

Publisher: Cambridge University Press

ISBN: 9781316776681

Category: Law

Page:

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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.

Provisional Measures Issued by International Courts and Tribunals

Kluwer Law International, The Hague/London/Boston, pp. 383–395 Dubisson M (1964) La Cour internationale de Justice. LGDJ, Paris Dumbauld E (1932) Interim Measures of Protection in International Controversies. Martinus Nijhoff, The Hague ...

Author: Fulvio Maria Palombino

Publisher: Springer Nature

ISBN: 9789462654112

Category: Law

Page: 365

View: 900

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This book makes a significant contribution to the comprehension of the law and practice of provisional measures issued by international courts and tribunals, including international commercial arbitration. After having analyzed the common features of provisional measures, it provides an overview of the peculiarities of these orders within the context of different international proceedings (e.g. the ICJ, the ITLOS, the CJEU, the ICC, human rights courts and investment arbitration). In this regard, the book is valuable in offering a broad and rigorous comparative analysis between the various forms of provisional measures. Owing to its original cross-cutting and case-driven approach, the book will be an essential tool for both scholars and practitioners dealing with the law of provisional measures in international adjudication. Indeed, this book will be an important novelty in international law libraries due to the broad range of regimes scrutinized and to a detailedanalysis of the general trends within the contemporary law of provisional measures. Fulvio Maria Palombino is Professor of International Law in the Department of Law at the University of Naples Federico II, Naples, Italy. Roberto Virzo is Associate Professor of International Law in the Department of Law, Economics, Management and Quantitative Methods (DEMM) at the University of Sannio, Benevento, Italy. Giovanni Zarra is Adjunct Professor of International Law in the Department of Law at the University of Naples Federico II, Naples, Italy.

Jurisprudence of the PCIJ and of the ICJ on Interim Measures of Protection

Dumbauld E (1932) Interim measures of protection in international controversies. Librairie générale de droit et de jurisprudence. The Hague, pp 168–169 Eiseman PM (1973) Les effects de la non-comparution devant la Cour internationale de ...

Author: Ewa Sałkiewicz-Munnerlyn

Publisher: Springer Nature

ISBN: 9789462654754

Category: Electronic books

Page: 160

View: 942

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This book deals with all the cases that came before the Permanent Court of International Justice (PCIJ) from 1922 to 1946, as well as those that were heard by its successor, the International Court of Justice (ICJ) from 1946 to 2020 in which interim measures of protection were either indicated or refused. The monograph shows how cases in which injunctive relief was sought were handled and how the PCIJ and the ICJ have undergone certain reforms over the years. The new approach taken by the author is to present all the matters brought before both the PCIJ and ICJ in full and to present the new requirements on the part of the ICJ that have been formulated in recent years. The book is aimed at law students, lecturers and those working in the field of international law. Ewa Sakiewicz-Munnerlyn was a Polish diplomat working for the Ministry of Foreign Affairs from 1991 to 2018. She was appointed charge daffaires at the Polish Embassy to the Holy See from 1993-1994, after which she served as the Polish consul at the Consular Division of the Polish Embassy in Washington D.C. from 1995-1999. She then held the position of Human Rights Officer of the OSCE in Macedonia (Skopje and Ohrid) and Bosnia and Hercegovina (Pale in Republika Srbska) from 2001-2005 and has also several times worked as a short-term observer of the OSCE during parliamentary and presidential elections in Ukraine, Russia, Moldova and Belarus. She attained a Ph. D. at the Jagiellonian University in Krakow, Poland and a post-graduate diploma at the Institut des Hautes Etudes Internationales in Geneva, Switzerland.