{"title":"Digging Deeper into the “Plausibility of Rights”-Criterion in the Provisional Measures Jurisprudence of the ICJ","authors":"R. Kolb","doi":"10.1163/15718034-12341428","DOIUrl":null,"url":null,"abstract":"\nSince 2009, the ICJ has included a plausibility requirement as a condition for indicating provisional measures as demanded by the applicant. What that criterion exactly means and how it is to be applied remains uncertain. This short contribution delves into some blind spots, which have not to date been meaningfully discussed either by the Court or in legal writings. The two main issues turn around the meaning of “preservation of rights” and the applicable standard for determining plausibility. In particular the rights-limb is replete with legal intricacies. Further, some ancillary aspects are discussed, e.g. the link of plausibility with jurisdictional issues. Various conclusions are drawn and some preferred interpretations uttered on these questions.","PeriodicalId":42613,"journal":{"name":"Law & Practice of International Courts and Tribunals","volume":"31 1","pages":"365-387"},"PeriodicalIF":0.5000,"publicationDate":"2020-11-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Law & Practice of International Courts and Tribunals","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1163/15718034-12341428","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"LAW","Score":null,"Total":0}
引用次数: 1
Abstract
Since 2009, the ICJ has included a plausibility requirement as a condition for indicating provisional measures as demanded by the applicant. What that criterion exactly means and how it is to be applied remains uncertain. This short contribution delves into some blind spots, which have not to date been meaningfully discussed either by the Court or in legal writings. The two main issues turn around the meaning of “preservation of rights” and the applicable standard for determining plausibility. In particular the rights-limb is replete with legal intricacies. Further, some ancillary aspects are discussed, e.g. the link of plausibility with jurisdictional issues. Various conclusions are drawn and some preferred interpretations uttered on these questions.
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The Law and Practice of International Courts and Tribunals is firmly established as the leading journal in its field. Each issue will give you the latest developments with respect to the preparation, adoption, suspension, amendment and revision of Rules of Procedure as well as statutory and internal rules and other related matters. The Journal will also provide you with the latest practice with respect to the interpretation and application of rules of procedure and constitutional documents, which can be found in judgments, advisory opinions, written and oral pleadings as well as legal literature.
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