Finland v. Denmark: A Call to Clarify the International Court of Justice\u27s Standards for Provisional Measures

This Comment argues that a prima facie showing of the existence of a right on the merits is an implicit factor that must be met by a party requesting interim relief before the Court will fully examine a request for provisional measures. Part I of the Comment discusses the Court\u27s adjudicatory power to indicate provisional measures and examines the Court\u27s three-part test for provisional measures. Part II sets forth the factual and procedural background and holding of Great Belt. Part III argues that Great Belt demonstrates the Court\u27s unspoken reliance on a prima facie showing of the existence of a right on the merits when considering request for provisional measures. This Comment concludes that the Court should affirmatively clarify the test for provisional measures in order to establish a uniform and predictable rule of public international law

Harmonisation of Provisional and Protective Measures in Europe

This contribution deals with the harmonization of provisional and protective measures in the European Union at the background of the Storme Report of 1993. Attention is paid to function and aim of provisional and protective measures, the recent and ongoing reform of procedural laws in several Member States, harmonization of procedural law, harmonization initiatives concerning provisional and protective measures (amongst others ILA and UNIDROIT), the case law of the ECJ laying down certain criteria for provisional and protective measures, and the proposals of the Storme Report are being reviewed for further deliberation and use for future harmonizat

Protection of electrical and electronic equipment against lightning indirect effects on the Airbus A340 wing

The provisions applied to the Airbus A340 wing wiring against lightning indirect effects are presented. The construction and installation of the wiring's shielding systems are described, and the analysis and tests performed to determine the effectiveness of the measures taken are discussed. A first evaluation of the results of the theoretical analysis together with the provisional results of tests indicate a sufficient safety margin between required and achieved protection levels

International Product Differentiation through a Country Brand: An Economic Analysis of National Branding as a Marketing Strategy for Agricultural Products

Trade policy initiatives of developed country governments are in flux. Governments’ need for new trade policy measures has arisen partly because of constraints imposed on the use of export subsidies by the Agreement on Agriculture reached as part of the Uruguay Round of General Agreement on Tariffs and Trade in 1994. Further disciplines on export subsidies and other policy measures may be agreed on in the Doha Round of World Trade Organization (WTO) negotiations, accentuating the need for new policy measures. While the Doha Round may not successfully reach an agreement, the current modalities show provisional agreement on the elimination of multiple forms of export subsidies. There is provisional agreement on more stringent restrictions on the use of export credit programs. Controls on exporting state trading agencies’ ability to subsidize exports are tentatively agreed (Furtan, 2005). Food aid, which can also be used to circumvent disciplines on export subsidies, is also likely to be subject to WTO disciplines.International Relations/Trade,

\u3ci\u3eBreard\u3c/i\u3e and the Federal Power to Require Compliance with ICJ Orders of Provisional Measures

Among the puzzling aspects of the Breard episode was the Clinton administration\u27s claim that the decision whether or not to comply with the Order of the International Court of Justice requiring the postponement of Breard\u27s execution lay exclusively in the hands of the Governor of Virginia. The ICJ\u27s Order provided that [t]he United States should take all measures at its disposal to ensure that Angel Francisco Breard is not executed pending the final decision in these proceedings. The Clinton administration argued that the Order was not binding, but it also took the position that, even if the order were binding, there would be no authority in the federal Government to require a postponement of the execution

Provisional Measures in ICSID Arbitration from "wonderland's Jurisprudence" to Informal Modification of Treaties

Since 1999, ICSID tribunals have almost systematically held that they have the power not only to recommend but also to order provisional measures under Article 47 of the ICSID Convention and Rule 39 of the Arbitration Rules. This article argues that the legal arguments offered by these tribunals are often not fully elaborated and in any case not entirely convincing. It then provides an alternative reading of the decisions relating to the mandatory character of provisional measures, in the sense that they imply a significant departure from the meaning the contracting parties recorded in the treaty. Yet, as the majority of icsid members have endorsed, accepted or at least acquiesced in such departure, it appears that Article 47 of the ICSID Convention has been informally modified through subsequent practice

Economic Regime for Iraq: the Foreign Trade Perspective

Iraq faces structural reforms designed to effect transition from opaque administrative structures to competitive markets. The process has already begun with a series of measures announced by the Coalition Provisional Authority for Iraq. The paper provides arguments in favor of establishing liberal, preferably free trade regime based on past foreign trade performance indicating that there is not much to protect, Saddam Hussein’s legacy of negotiated free trade agreements with most Arab countries and domestic political economy considerations. It also argues in favor of radical reforms in measures shaping business climate as well as explores institutional measures to lock-in a current liberal trade regime.foreign trade, transition, radical approach, trade policies, trade institutions, multilateral liberalization, regionalism, customs, tariff structure, corruption

El proceso cautelar en el nuevo Código Procesal Civil, un paso esencial en la tutela de los ciudadanos

La regulación del proceso cautelar en el nuevo Código Procesal Civil supone un impulso de la tutela cautelar, genera expectativas en los ciudadanos hacia una justicia rápida y eficaz, y permite prever un buen instrumento procesal tuitivo del ciudadano. Pero también genera dudas e interrogantes, fruto de un inicio como 'proceso' pero una regulación como incidente 'que no lo es- que se abordan y se tratan de resolver desde los principios del nuevo modelo procesal, e inspirados en parámetros de igualdad y de justicia de los ciudadanos.The new regulation of provisional measures set forth by the Code of Civil Procedure of 2013 implies a great boost for this sort of measures. The new regulation generates positive expectations for citizens in so far it favours an idea of civil justice much quicker and more efficient, fully prepared to cope with the juridical expectations and needs of modern citizens. However and despite this broadly positive approach the new regulation generates some doubts and questions in so far precautionary measures are firstly dealt with as a procedure incident though afterwards they give place to a real procedure. This new hidden provisional measures procedure must be developed in accordance to the basis of civil procedure designed by the CPC and standing on the principles of equality and substantive justice

I. African court on human and peoples’ rights, African commission on human and peoples’ rights v. Great socialist people’s Libyan Arab Jamahiriya, order for provisional measures, 25 March 2011

Africa has been struggling for years to establish a mechanism of human rights protection comparable to other international and regional mechanisms. Illiteracy and the low standards of economic development and social welfare, especially in rural areas, as well as the absence of financial resources were certainly not the best grounds to build on. Moreover, as Nmehielle notes, the creation of a human rights mechanism in Africa was equally hinged on other questions, more controversial ones, such as the existence of the concept of ‘law’ and ‘rights’ in pre-colonial Africa. In this respect, a Western-style mechanism of human rights protection would be naturally perceived with suspicion, as a form of foreign intervention