Interim Measures in Other International Judicial and Quasi-Judicial Bodies

Abstract

This chapter compares the features of interim measures in private law disputes having international elements with the relief granted by international bodies established by public international law such as the International Court of Justice, the International Tribunal for the Law of the Sea, the European Court of Human Rights, the Court of Justice of the European Union and also the European Commission as an organ of an international organization (the EU). The grounds for such comparison stem from the transnational characteristics of the disputes that arise both in private and in public international law. Focusing on these common international elements, this chapter outlines the similarities to obtain interim relief under the auspices of the said international judicial or quasi-judicial bodies in comparison to the conditions analysed under Chaps. 2 – 4 regarding civil and commercial cases. The chapter analyses this by providing review of the legal status and powers of these international adjudication bodies through the prism of the key benchmarks: jurisdiction, standards for assessment, procedure to obtain relief, and enforcement of measures. The comparison demonstrates significant similarities especially as to the criteria for granting relief and the potential issues with enforcement.