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Provisional Measures and the End of Prima Facie Jurisdiction

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Article examines how ICJ evaluates jurisdiction in provisional measures, suggesting implications for sovereignty and jurisprudence.

ICJ's new approach assesses both applicant and respondent arguments on jurisdiction, enhancing scrutiny.
The 2008 Georgia v Russian Federation ruling exemplifies the shift from traditional prima facie tests.
This detailed examination creates inconsistencies in ICJ jurisprudence, impacting similar cases differently.
The Court's methods also risk blending provisional measures tests, affecting its role in international law.

Massimo Lando (2025) studied this question.

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