The Rule on Interlocutory Injunctions Under Domestic Law and the Interim Measures of Protection Under International Law: Some Critical Differences

The author describes Article 41 of the Statute of the International Court of Justice, which is meant to preserve the respective rights of parties to the dispute pending litigation. The view adopted in this Article is that it is evidently necessary to state specifically, in an instrument conferring jurisdiction to indicate interim measures upon an international forum, that such measures shall be binding as between the parties to the dispute and in respect of that particular case. Without such a specific provision on the binding nature of interim measures, an instrument conferring jurisdiction will be understood as having left the question open for competing interpretation as is presently the case with respect to Article 41