Provisional measures

Abstract

A study of procedural issues relating to indication by the ICJ of provisional measures (Article 41 of the Statute of the International Court of Justice), that arose in the various cases before the Court involving Nicaragua, (Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United States); Certain Activities Carried out by Nicaragua in the Border Area (Costa Rica. v. Nicaragua); and Construction of a Road in Costa Rica along the San Juan River (Nicaragua v. Costa Rica). These were: the Court’s power to act proprio motu; the effect of measures, and their relationship with the rights claimed; the concepts of ‘plausible’ rights and of ‘irreparable prejudice’; the impact of measures on third parties; the modification of measures, and the role of indications falling short of measures.