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

Abstract

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