This chapter examines the compliance with provisional measures. Section 2 analyses the binding force of provisional measures. In regard to the binding nature of a provisional measure decision, this Section forwards two opposing claims and summarizes their respective supporting arguments. Section 3 analyses the possible consequences of non-compliance by the parties with the provisional measures from the procedural and substantive perspectives. Section 4 considers the violation of international law by host State’s non-compliance with provisional measures, the consequences thereof, and the implications of the relevant ICJ jurisprudence. Section 5 distinguishes between ICSID arbitration and non-ICSID arbitration in analyzing the role of domestic courts in assisting the enforcement of provisional measures.

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The Compliance with Provisional Measures

  • Chuanfang Zhang

摘要

This chapter examines the compliance with provisional measures. Section 2 analyses the binding force of provisional measures. In regard to the binding nature of a provisional measure decision, this Section forwards two opposing claims and summarizes their respective supporting arguments. Section 3 analyses the possible consequences of non-compliance by the parties with the provisional measures from the procedural and substantive perspectives. Section 4 considers the violation of international law by host State’s non-compliance with provisional measures, the consequences thereof, and the implications of the relevant ICJ jurisprudence. Section 5 distinguishes between ICSID arbitration and non-ICSID arbitration in analyzing the role of domestic courts in assisting the enforcement of provisional measures.