INTERIM MEASURES OF PROTECTION, ORDER OF THE INTERNATIONAL COURT OF JUSTICE OF 07 DECEMBER 2021, IN CASE OF APPLICATION OF THE INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION (ARMENIA v. AZERBAIJAN) and (AZERBAIJAN v. ARM
DOI:
https://doi.org/10.61837/mbuir010123110sKeywords:
Article 41 of the ICJ Statute, International Court of Justice, provisional measures of protection, requirements, credibility, conditions for granting provisional measures, prevention of litigationAbstract
Interim measures of protection in the Order of the International Court of Justice of 07 December 2021 in Armenia vs Azerbaijan and Azerbaijan vs Armenia. The article examines the ICJ order indicating provisional measures on the application of the International Convention on the Elimination of All Forms of Racial Discrimination (Armenia vs Azerbaijan and Azerbaijan vs Armenia) of 07 December 2021. Various aspects of the traditional requirements for the indication of provisional measures will be presented based on the jurisprudence of the ICJ, particularly with regard to its binding force, following the LaGrand judgment in which the Court clarified that its provisions on provisional protection are binding. One new requirement - the plausibility of protected rights - formulated by the Court for the first time in Belgium vs Senegal is also presented.
References
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