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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Provisional Measures Before International Courts and Tribunals

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ISBN13: 9781107125599
To be Published: December 2016
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £79.99

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 furthermore to undertake a comparative analysis of provisional measures jurisprudence in a range of significant international courts and tribunals and ad-hoc interstate arbitration tribunals. The result is the first comprehensive examination of the law of provisional measures in ten years, and the first to compare investor-state arbitration jurisprudence with more traditional interstate courts and tribunals.

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Public International Law
1. Introduction

Part I. Preliminary Matters:
2. Origins of provisional measures
3. Constituent instruments and procedural rules

Part II. Provisional Measures in General:
4. Power to order provisional measures
5. Purpose of provisional measures
6. Prejudice and urgency
7. Content and enforcement

Part III. Specific Aspects of Provisional Measures:
8. Questions of substance and procedure
9. Litigation strategy and provincial measures
10. Conclusions.