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The Global Community Yearbook of International Law and Jurisprudence 2014Volume I$
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Giuliana Ziccardi Capaldo

Print publication date: 2015

Print ISBN-13: 9780190270513

Published to Oxford Scholarship Online: October 2015

DOI: 10.1093/acprof:oso/9780190270513.001.0001

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Comment and Analysis

Comment and Analysis

Juridical Insights into the Protection of Community Interests through Provisional Measures: Reflections on the ITLOS Jurisprudence

(p.249) Comment and Analysis
The Global Community Yearbook of International Law and Jurisprudence 2014

Yoshifumi Tanaka

Oxford University Press

With the emergence of the concept of community interests, it appears that international law is entering into a new stage of its development. In this regard, an issue arises whether and to what extent international courts and tribunals can respond to the protection of community interests. Provisional measures prescribed by the International Tribunal for the Law of the Sea (ITLOS) for protecting the marine environment provide an important insight into this subject. Thus this contribution examines ITLOS provisional measures in the context of marine environmental protection focusing on three issues: (1) the role of ITLOS provisional measures in the regulation of marine pollution and conservation of marine living resources, (2) the Tribunal’s manner in which the requirements to prescribe provisional measures are examined, and (3) the effectiveness of ITLOS provisional measures.

Keywords:   community interests, effectiveness of judicial functions, ITLOS, marine living resources, marine pollution, prima facie jurisdiction, provisional measures, urgency

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