| Article | Provisional Measures in the Temple of Preah Vihear Case |
|---|---|
| Authors |
Novakovic M.
|
| Name of magazine | Journal «The Student Legal Journal» (Ukrainian language) |
| Issue | 1 / 2013 |
| Pages | 143 - 152 |
| Annotation | The topic of this article is the provisional measures indicated by the International Court of Justice (ICJ), in the case between Cambodia and Thailand, concerning the Temple of Preah Vihear. Peculiarity of these provisional measures is the fact that they were asked for by Cambodia 50 years after ICJ rendered the award that was supposed to settle the dispute between Cambodia and Thailand, and prevent any further problems. Additionally, these provisional measures were, unusually, indicated both under the provisions of the Article 41 and 60 of the Statute of ICJ, which caused many controversies in the case law of ICJ and among scholars. Thus, following lines will try to explain what actually happened in this case and if it is really possible for ICJ to indicate provisional measures under the Article 41 of the Statute. The first part will present in short a history of the dispute, the second will provide basic features of provisional measures that can be indicated by ICJ, whereas the third part will analyze two most controversial problems related to these measures. Concluding remarks will close the analysis. |
| Keywords | provisional measures, ICJ, statute, interpretation. |
| References | |
| Electronic version | Download |