Provisional Measures Of The International Court Of Justice

The provisional measures system originated from domestic law and has been developing in the field of international law,which is one of the important basis points of the game between the jurisdiction of the International Court of Justice and state sovereignty.First of all,due to the institutional characteristics of interim measures,in order to avoid the occurrence of imminent danger and irreparable harm,the court can order the parties to temporarily stop all kinds of conflicting actions to ease the hostilities.Accordingly,it can fully play its role in settling disputes.Secondly,due to the particularity of the basis for the establishment of its jurisdiction,the threshold of its litigation jurisdiction is lower than that of the case,so it is also favored by the sovereign states who want to make strategic use of the international judicial procedures.Thus began a struggle between the two powers.This paper focuses on analyzing the restrictive relationship between the judicial power of the International Court of Justice and sovereignty based on the provisional measures system of the International Court of Justice.The preface introduces the research background and summarizes the characteristics of the previous literature on the system of provisional measures.They all focus on the constitution and existing problems of the system itself,but lack of the internal and external elements of the system.First of all,under the background of the unwillingness of the litigant parties to comply with the provisional measures,this paper explores the tension between the judicial power of the International Court of Justice and sovereignty from the power source of provisional measures,and analyzes the different interest directions of the judicial power and state sovereignty.Secondly,from the perspective of the provisional measures system of the ICJ,i.e.the rules of international law,the paper studies how the judicial power of the ICJ is exercised to restrict the sovereignty of states.It discusses the relationship between the jurisdiction of the ICJ and the sovereignty from the perspective of provisional measures in three aspects.Faced with the complex situation of states acting arbitrarily in defiance of the order of provisional measures repeatedly,the ICJ seeks to establish the binding force of provisional measures through typical cases and at the same time to impose responsibility for the violation of provisional measures by the parties.On the basis of establishing the binding force of provisional measures,the court exercises its power with restraint by raising the threshold of indicating provisional measures on the precondition,so as to avoid unreasonable interference in sovereignty while restricting it.In dealing with the new developments and problems facing the provisional measures regime,the court has made great efforts to cope with the new changes in order to harmonize multiple interests.Finally,through the analysis of the litigation strategy of provisional measures,the paper will discuss the use of national sovereignty to the judicial procedure of provisional measures,and the response to the constraint of the International Court of Justice.Although the primacy of sovereignty in the international community remains unshakable,the era when states ignored international law and flagrantly violated their international obligations has also gone forever.Under the internal and external dual constraints,the country will undoubtedly choose to deal with the way will be cautious.The request of the party concerned for temporary measures may contain multiple purposes,but the court will still carefully examine the state’s "use" behavior and confirm whether it constitutes an abuse of litigation rights,which is also a further restriction of judicial power on state sovereignty.The request of the party concerned for provisional measures may contain multiple purposes,but the court will still carefully examine the state’s behavior and confirm whether it constitutes an abuse of litigation rights,which is also a kind of restriction of judicial power on sovereigntyThe system of provisional measures reflects the antagonistic relationship between the judicial power of the International Court of Justice and sovereignty.To observe the development dynamics of this restrictive relationship through in-depth study of the system is not only conducive to examining the actual situation of both sides of the relationship from a micro perspective,but also to investigate the composition and significance of the system of provisional measures from a more macro perspective.