April 1, 2025International and Comparative Law Quarterly

Provisional Measures and the End of Prima Facie Jurisdiction

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ICJ's new approach changes the evaluation of jurisdiction in provisional measures cases, emphasizing both applicant and respondent arguments.
The examination follows the 2008 order in Georgia v Russian Federation, underscoring changes to traditional prima facie assessments.
This shift reflects concerns about state sovereignty and political sensitivities regarding specific international disputes.
The inconsistency created by this detailed approach risks unequal treatment of similar disputes and overlaps with existing jurisdictional tests.

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Implication

This article demonstrates the ICJ's evolving examination of jurisdiction in provisional measures, highlighting implications for state sovereignty and dispute resolution.

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Massimo Lando (2025) studied this question.

synapsesocial.com/papers/68af2b63cf1dd9ea359e4896 https://doi.org/10.1017/s0020589325100742

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Implication

This article demonstrates the ICJ's evolving examination of jurisdiction in provisional measures, highlighting implications for state sovereignty and dispute resolution.

Provisional Measures and the End of Prima Facie Jurisdiction

Key Points

Discussion

Implication

Cite This Study

Provisional Measures and the End of Prima Facie Jurisdiction

Key Points

Discussion

Implication

Cite This Study

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