Preliminary objections and breaches of provisional measures

(2021) Rivista di Diritto Internazionale — Vol. 2021, n° 1, p. 115-137 (2021)

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Abstract
This paper explores the interplay between preliminary objections and provisional measures. Itargues that assessing compliance with obligations created by provisional measures is not a merits issue andthat it can be addressed by the Court pursuant to its inherent power under Article 41 of the Statute, even inthe judgment upholding preliminary objections.
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d’Argent, P. (2021). Preliminary objections and breaches of provisional measures. Rivista di Diritto Internazionale, 2021(1), 115-137. https://hdl.handle.net/2078.5/260867 (Original work published 2021)