{"title":"国际法院暂行措施的解释性争议:是否存在规范差距?","authors":"Marco Dimetto","doi":"10.1163/15718034-12341415","DOIUrl":null,"url":null,"abstract":"\nRecently, 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.","PeriodicalId":42613,"journal":{"name":"Law & Practice of International Courts and Tribunals","volume":"101 1","pages":"28-48"},"PeriodicalIF":0.5000,"publicationDate":"2020-04-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Interpretative Disputes with Regard to Provisional Measures at the ICJ: Is There a Normative Gap?\",\"authors\":\"Marco Dimetto\",\"doi\":\"10.1163/15718034-12341415\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"\\nRecently, 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.\",\"PeriodicalId\":42613,\"journal\":{\"name\":\"Law & Practice of International Courts and Tribunals\",\"volume\":\"101 1\",\"pages\":\"28-48\"},\"PeriodicalIF\":0.5000,\"publicationDate\":\"2020-04-14\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Law & Practice of International Courts and Tribunals\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1163/15718034-12341415\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Law & Practice of International Courts and Tribunals","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1163/15718034-12341415","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"LAW","Score":null,"Total":0}
Interpretative Disputes with Regard to Provisional Measures at the ICJ: Is There a Normative Gap?
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.
期刊介绍:
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.