Interim Orders by the European Court of Human Rights – Comments on Mamatkulov and Abdurasulovic v. Turkey
Zeitschrift für ausländisches öffentliches Recht und Völkerrecht 63 (2003), 681-692
14 Pages Posted: 5 Jun 2009
Date Written: 2003
This note discusses the judgment, by the European Court of Human Rights, in the Mamatkuloc decision. It focuses on the Court's holding that interim orders impose upon binding obligations on litigants. It agrees with the Court's holding, as far as the result is concerned. Yet it is critical of the Court's reasoning, notably its complete failure to engage with the previous decision in Cruz Varas, which had arrived at the opposite result. It also points to the parallel decision by the International Court of Justice in the LaGrand case and comments on the seemingly general trend towards the recognition of the binding nature of interim orders.
Keywords: European Court of Human Rights, provisional measures, interim orders, expulsion of aliens
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