Posted: June 16th, 2015

What is function of provisional measures in the International Court of Justice (ICJ), and in what circumstances may they be ordered?

Style: OSCOLA referencing

What is function of provisional measures in the International Court of Justice (ICJ), and in what circumstances may they be ordered? Your answer should make reference to relevant cases.

Students should demonstrate the ability to:

• Identify relevant facts
• Identify all relevant essential, and any novel, legal and non-legal issues
• Identify all relevant treaties, customary law, general principles of law, and international decisions
• Record relevant opinions of writers with appropriate citations
• Locate relevant legal and non-legal sources
• Research and record critical analysis and solutions
• Propose an appropriate synthesis and conclusion with respect to facts, issues, law and solutions
• Reflect critically on the analyses, solutions, synthesis, and conclusions
• Structure the work so that statements, arguments and conclusions flow coherently and logically
• Conduct thorough and planned library research
• Communicate in good English and use correct terminology

In grading assessments, the quality of work will be determined by reference to the following:

• Extent to which facts have been assimilated
• Breadth of knowledge of the relevant law
• Degree of insight into the issues
• Level of application of the law to the issues
• Depth of analysis, description and discussion in promoting the arguments
• Extent to which viable innovative solutions are proposed
• Degree to which planning and coherence is evident in the structure of the response
• Level to which complex solutions are offered and evaluated
• Extent to which command of English is demonstrated in a legal context