Recently, the International Court of Justice dealt with a request to interpret provisional measures previously indicated in the Ukraine v. Russian Federation case. However, the Court never disclosed its official position on the request, but reportedly limited itself to reaffirming the binding nature of its previous Order. The present contribution aims at analyzing from a general point of view whether the ICJ would be ready to settle interpretative disputes that arise with regard to the meaning and scope of provisional measures already indicated. Despite several paths that could be envisaged in theory, only one of them seems to be suitable to reach that goal.
Interpretative Disputes with Regard to Provisional Measures at the ICJ: Is There a Normative Gap?
Marco Dimetto
2020
Abstract
Recently, the International Court of Justice dealt with a request to interpret provisional measures previously indicated in the Ukraine v. Russian Federation case. However, the Court never disclosed its official position on the request, but reportedly limited itself to reaffirming the binding nature of its previous Order. The present contribution aims at analyzing from a general point of view whether the ICJ would be ready to settle interpretative disputes that arise with regard to the meaning and scope of provisional measures already indicated. Despite several paths that could be envisaged in theory, only one of them seems to be suitable to reach that goal.Pubblicazioni consigliate
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