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Dissenting Opinion of Judge A.A. Cançado Trindade in the Cases of Construction of a Road in Costa Rica along the San Juan River and of Certain Activities Carried Out by Nicaragua in the Border Area (Nicaragua versus Costa Rica, and Costa Rica versus Nicaragua, Provisional Measures, Order of 16.07.2013)

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Chapter Summary

This chapter reviews the concomitant new requests of additional provisional measures of protection on the part of Costa Rica as well as Nicaragua, and the position taken by them, in their respective requests, as to the purported expansion of provisional measures of protection. After reviewing the technical missions in loco pursuant to the Ramsar Convention, the chapter considers the requisites of urgency, and risk or probability of harm (in the form of bodily injury or death, of the persons staying in the disputed area). It then presents a general assessment of the requests of Costa Rica and Nicaragua. The chapter focuses on the effects of provisional measures of protection beyond the strict territorialist outlook. It talks about the beneficiaries of provisional measures of protection, beyond the traditional inter-State dimension; and the effects of provisional measures of protection beyond the traditional inter-State dimension.

Keywords: Costa Rica; inter-state dimension; Nicaragua; provisional measures of protection; Ramsar convention



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