ABSTRACT

The Court goes on to observe that the power conferred upon it by Articles 41 of the Statute of the Court and 73 of the Rules of Court to indicate provisional measures has as its object to preserve the respective rights of the Parties, pending a decision of the Court, and presupposes that irreparable prejudice shall not be caused to rights which are the subject of dispute in judicial proceedings; that it follows that the Court must be concerned to preserve by such measures the rights which may subsequently be adjudged by the Court to belong either to the Applicant or to the Respondent; and that such measures are only justified if there is urgency.