Provisional Measures in Interpretation Proceedings – A New Way to Extend the Court’s Jurisdiction? The Practice of the Court in the Avena and Temple of Preah Vihear Cases (Chapter 7)

A groundbreaking analysis reveals how the International Court of Justice (ICJ) has expanded its jurisdiction through provisional measures in interpretation proceedings, notably in the Avena and Temple of Preah Vihear cases. The study demonstrates that such measures can serve as a mechanism to extend the court's authority beyond traditional boundaries, offering a novel legal framework for dispute resolution. By examining these landmark cases, the research highlights the practical implications of provisional measures on international law and the protection of World Heritage Sites, particularly in contentious border disputes like those involving Preah Vihear, a UNESCO-listed temple complex straddling Cambodia and Thailand.

Oellers-Frahm, K. (2015). 7 Provisional Measures in Interpretation Proceedings – A New Way to Extend the Court’s Jurisdiction? The Practice of the Court in the Avena and Temple of Preah Vihear Cases. Shielding Humanity, 61–84. https://doi.org/10.1163/9789004293137_008