국제법상 잠정적 보호조치에 대한 연구-국제사법재판소 절차규칙(Rules of Court)을 중심으로-
A Study on “Interim Measures” in International Law -Focusing upon the Rules of Court-
이태규(안양대학교)
32호, 289~314쪽
초록
Dealing with provisional measures of protection (=Interim measures) is considered to be one of the toughest job in the modern International Law areas, because it is in such a conflicting world between “values” and “facts”. Judicial decisions shall be meaningful and effective only when they are supported by actual compliance or enforcement. In this paper, several topics such as some definitions compared with domestic ones, relevant norms - Statute of the International Court of Justice and the Rules of Court - and a few selective historical cases are to be scrutinized throughly in order. And finally some controversial issues and legal implications upon this kind of interim measure in the International Law Arenas are come up with from a perspective of critically-oriented bases. For its developmental changes which would be possibly expected in the future, this article is hopefully to provide various and informative guidelines.
Abstract
Dealing with provisional measures of protection (=Interim measures) is considered to be one of the toughest job in the modern International Law areas, because it is in such a conflicting world between “values” and “facts”. Judicial decisions shall be meaningful and effective only when they are supported by actual compliance or enforcement. In this paper, several topics such as some definitions compared with domestic ones, relevant norms - Statute of the International Court of Justice and the Rules of Court - and a few selective historical cases are to be scrutinized throughly in order. And finally some controversial issues and legal implications upon this kind of interim measure in the International Law Arenas are come up with from a perspective of critically-oriented bases. For its developmental changes which would be possibly expected in the future, this article is hopefully to provide various and informative guidelines.
- 발행기관:
- 한양법학회
- 분류:
- 법해석학