Provisional measure of protection

A provisional measure of protection is the term that the International Court of Justice (ICJ, World Court) uses to describe a procedure "roughly equivalent"[1] to an interim order (which can be either a temporary restraining order or a temporary directive order) in national legal systems. The carrying out of the procedure is termed indicating the provisional measure of protection.[1] Requests for the indication of provisional measures of protection take priority over all other cases before the ICJ due to their urgency.[1]

History

As of 1989, the ICJ had dealt with twelve "requests for the indication of provisional measures of protection".[1] Some of the parties involved include Iran, Pakistan, the United States, Nicaragua,[2] Burkina Faso and Mali.[1] On August 13, 2008, during the 2008 South Ossetia War, Georgia submitted a request for the indication of provisional measures of protection. This request was approved with a vote of 8 to 7. [3]

References

  1. 1 2 3 4 5 Rosenne, Shabtai; Terry D. Gill (1989). The World Court: What it is and how it works. Leiden: Brill Publishers. p. 320. ISBN 978-90-247-3772-7., see page 95
  2. ↑ "Request for the indication of provisional measures of protection submitted by the government of Nicaragua". International Court of Justice. 1984. Archived from the original (PDF) on 2009-01-01. Retrieved 2009-01-01.
  3. ↑ "Request for the indication of provisional measures of protection submitted by the government of the Republic of Georgia". government of Georgia. 2008-08-13. Archived from the original (PDF) on 2008-12-31. Retrieved 2009-01-01.
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