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The Research Of The Provisional Measures Of The International Court Of Justice

Posted on:2019-05-08Degree:MasterType:Thesis
Country:ChinaCandidate:H R WangFull Text:PDF
GTID:2416330545965968Subject:International Law
Abstract/Summary:PDF Full Text Request
The subject of this thesis is the provisional measures indicated by the International Court of Justice,by studying Regulation and execution of the provisional measures,providing a reference to reply the proceedings of the provisional measures indicated by the International Court of Justice in the future.This thesis consists of 5 parts.in part one,firstly,this thesis defines the concept of the provisional measures by studying the basic content of the provisional measures.Then,analysing the source of law of the provisional measures — Statute of the International Court of Justice and Rules of Court which articles are related to this subject.In part two,this thesis analyses the standard of indicating the provisional measures in view of the case of international court of justice,especially the standard of indication and the Jurisdiction.then,sum up this part,and point the defection of indicating the provisional measures.In part three,this thesis analyses the modification and revocation of the provisional measures.because of the Unpredictability of disputes,new facts could appear at any time,Applicant can alert their request based on the new fact.In part four,this thesis analyses the extention of indicating the provisional measures and the abuse of the power,pointing that in some cases ICJ really exert its effect,but at the same time it sets the bar for Applicant to protecting rights,which leads the case should be accepted not being accepted.In part five,this thesis analyses the Legal binding force and the implement of the provisional measure,pointing the defection of the proceedings of the provisional measure and why provisional measures did not get respection.Last,this thesis ends up with a summary,which Emphasizes the effect ICJ have made and points the malpractice of the structure of the provisional measure and the direction of how to improve.
Keywords/Search Tags:International Court of Justice, provisional measures, the article 41 of Statute of the International Court of Justice
PDF Full Text Request
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