Study On The Provisional Measures System Of The International Court Of Justice

The subject of this thesis is the study on the provisional measures indicated by theInternational Court of Justice (“ICJ” or the Court)，which may enable us a betterunderstanding and study to certain significant issues concerning the ICJ provisionalmeasures and aim at providing reference materials for China in case it will have toface with and deal with the procedure problems before the Court.In order to comprehensively and correctly analyze the subject, this thesis, as afundamental introduction, addresses the legal basis of ICJ’s indication of provisionalmeasures and describes the concept of ICJ provisional measures. For such purpose,this thesis summarizes the judgments (orders), applications documents involved theprovisional measures and other documentaries open for public research and thenspecify three main issues of the ICJ provisional measures, which are jurisdiction,conditions (criteria) and compliance and enforcement.In the following part, the key sub-issues of three aforementioned issues are addressedin details by combining with the precedents by the Court. the sub-issues includes the(1) disagreement on the Court’s jurisdiction over provisional measures issue, primafacie jurisdiction and the admissibility of the claims under the jurisdiction issue;(2)rights to be protected, urgency and irreparable prejudice under the conditions issue;and (3) legal binding effect of the Court’s provisional measure indication orders, theabuse of the provisional measures and the enforcement issue. In the analysisparagraph, some existing problems of the current system of ICJ provisional measuresare pointed out for discussion.At the same time, this thesis also introduce the current system of the ITLOS’sprovisional measures, which is also a system of provisional measures under the publicinternational law and similar to the ICJ. These two systems of provisional measuresare compared and some advices for the reference in respect of improving the systemof ICJ provisional measures are put forward.