Wednesday, May 18, 2022

Kulick: Provisional Measures after Ukraine v Russia (2022)

Andreas Kulick (Eberhard Karls Univ. Tübingen - Law) has posted Provisional Measures after Ukraine v Russia (2022) (Journal of International Dispute Settlement, forthcoming). Here's the abstract:
On 16 March 2022, among others measures, the International Court of Justice (ICJ) ordered the Russian Federation to suspend immediately its military operations in Ukraine. The Order is remarkable for several reasons and, so it is submitted, potentially will entail considerable consequences in international adjudication, before and beyond the ICJ, as well as with respect to international law at large. In international procedural law, it emphasizes the vastness of what parties to international proceedings can ask for and what an international court or tribunal can order in respect of provisional measures. However, possibly the strongest potential of the Order does not lie in what it enables, but what it disables: it may deter states that are not a permanent member of the United Nations Security Council from employing insincere human rights arguments as a pretext for a military intervention in a neighbouring state.