Browsing by Subject "Provisional measures"

In the LaGrand case, the International Court of Justice found its own provisional measures to be legally binding, and thus create a legal obligation, for the first time in international law. Before the judgment, the matter had been debated but there was no rule on the binding nature of provisional measures. The Court based its reasoning on interpretation of the Article 41 of the Statute of the International Court of Justice. This master’s thesis examines the case and the decision. It aims to clarify the limit between interpreting and prescribing the law, and tries to find an answer to the question whether the Court stretched the limits of interpretation so far that it actually ended up prescribing the law instead. This thesis aims to find the answer by taking a look at jurisdiction of the Court, interpretation and powers of international organizations.