The Requirement of Urgency in the Jurisprudence of ITLOS Concerning Provisional Measures
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Yoshifumi Tanaka [1]
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[1] University of Copenhagen
University of Copenhagen
Dinamarca
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- Localización: Interpretations of the United Nations Convention on the Law of the Sea by international courts and tribunals / Angela Del Vecchio (ed. lit.), Roberto Virzo (ed. lit.), 2019, ISBN 9783030107727, págs. 107-124
- Idioma: inglés
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Resumen
The aim of this article is to examine the requirement of urgency in the jurisprudence of the International Tribunal for the Law of the Sea (ITLOS) concerning provisional measures. The requirement of urgency is at the heart of the institution of provisional measures. Nonetheless, ITLOS is not uniform with regard to the requirement of urgency when prescribing provisional measures. In this regard, an issue at point concerns a temporal standard to determine the existence of urgency in a particular case. A time-frame for determining urgency is contextual and it may vary in different contexts. This article identifies two types of urgency: urgency as imminence and urgency as process. Normally the concept of urgency in international law is connected to imminent danger or risk. In certain contexts of conservation of marine living resources and marine environmental protection, however, the concept of urgency is not synonymous with imminence but concerns the prevention of a trend of decline toward a collapse of fish stocks concerned or further degradation of the marine environment. The concept of urgency in the context of conservation of marine living resources and protection of the marine environment from certain pollution must be considered as a process to prevent further decline of the fish stock concerned or deterioration of the marine environment.
