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Interim Measures and the Mamatkulov Judgment of the European Court of Human Rights

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Chapter Summary

The concept of interim measures (provisional measures or provisional measures of protection) was introduced into international law from domestic law and is linked mainly to the judicial settlement of disputes. The interim measures aim to preserve the rights of the parties pending the judgment and to ensure the effectiveness of a court's jurisdiction to decide the merits of a case. To consider the question of interim measures in relation to the European Court of Human Rights, this chapter examines, its constitutive treaty and the rules of procedure, the case-law on interim measures, and, finally the case-law of the new Court. It is interesting to note that both the International Court of Justice and the European Court of Human Rights, the two international jurisdictions whose powers to indicate interim measures have for years elicited controversy, have recently arrived at the same conclusion, albeit relying on different legal provisions.

Keywords: European Court of Human Rights; International Court of Justice; Mamatkulov judgment



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