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Incidental Proceedings

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Chapter Summary

The Rules concerning provisional measures are based upon article 290 of the Convention and article 25 of the Statute. Most systems of international dispute settlement confer on the respective court or tribunal the competence to indicate or prescribe provisional measures. As established in international jurisprudence, the power of international courts and tribunals to prescribe provisional measures is a discretionary and exceptional one. Generally speaking, in international adjudication, provisional measures seek to safeguard the rights of parties to a dispute or to prevent irreparable damage pending the final decision. This chapter of the book The Rules of the International Tribunal for the Law of the Sea: A Commentary contains articles and commentaries related to provisional measures, preliminary proceedings, preliminary objections, counter-claims, intervention and discontinuance.

Keywords: counter-claims; incidental proceedings; international dispute settlement; international jurisprudence; Tribunal



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