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24 Provisional Measures of Protection

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Chapter Summary

In a case in which a further phase to determine the compensation due is required, the expression 'final decision' means the judgment on the merits, which determines the rights of the parties. The sparse axiomatic statement of Article 41 has clearly left the development of law and procedure for indicating provisional measures to the control of the Court itself. The implication of the term incidental is firstly that the Court must have been duly seised of a case, and secondly that there must be a connection between the subject matter concerned and the mainline proceedings. The Statute and the Rules together with accumulated judicial experience and case law clarify the legal requirements for the connection that has to exist between the subject matter of the mainline claim and the particular instance of the incidental jurisdiction that is being invoked.

Keywords: incidental jurisdiction; International Court; jurisdiction; Statute

10.1163/ej.9789004139589.i-1892.105
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