چکیده:
Provisional measures and precautionary measures in the international legal system are among the highly important topics in the practice of the International Court of Justice. The issuance of provisional orders in line with stabilizing and issuing the contentious judgments of the Court not only leads to the codification and development of international law but also contributes to its stability and enforcement. For this reason, an arbitrator in international commercial arbitration can issue various precautionary measures during the proceedings of a dispute. The importance of some of these orders is such that if an arbitrator makes an incorrect decision regarding them, the issuance of a judgment in favor of one of the parties cannot ensure the intended result for the successful party. According to Article 41 of the Statute of the Court, the Court, based on the circumstances and specific conditions of the dispute, can identify and determine actions that must be provisionally implemented to preserve the rights of one of the parties to the dispute. Accordingly, the present research seeks to examine provisional measures and precautionary measures and their impact on the practice of the International Court of Justice using a descriptive-analytical method.
خلاصه ماشینی:
. Keywords: Provisional order, precautionary measures, international law, International Court of Justice 126 Introduction: In the current era, which is the era of the revival of human rights, where freedom is considered one of the most fundamental rights and this matter has been accepted in all civilized societies, one cannot deprive an individual of their primary and certain rights solely based on the probability of committing a crime and the future issuance of a conviction against the accused.
It was mentioned in the preamble of this resolution: "In view of the time constraints and the need for immediate implementation of the contentious dispute resolution process mentioned in Section 21 of the Agreement and taking into account the provisions of the Statute, particularly Articles 41 and 68," and the Court stated in response: "Given that no formal request has been made for the determination of provisional precautionary measures, it sees no necessity to address the matter of determining these measures in this case for the request for an advisory opinion.
Kosha, Soheila, The Judicial Practice of the International Court of Justice in Determining Provisional Precautionary Measures with Emphasis on the Preah Vihear Temple Case, Quarterly Journal of Legal Excellence, New Series, No. 19 127 Discussion and Analysis: Definition of Provisional Order: Linguistically, the word 'order' (qarar) has been used in several meanings, which include: to establish, to take root, tranquility, and a judgment or decree that is issued.
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