Interim measures in Inter-State cases: a threat or an opportunity?

Available in Russian


Author: Kanstantsin Dzehtsiarou

Keywords: European Convention on Human Rights; Inter-State applications; legitimacy; provisional measures; The European Court of Human Rights

Abstract

This short note examines the notion of interim measures in inter-state cases. It is argued that the concept of interim measures was developed by the European Court of Human Rights in the cases of individual applications. Such measures are effective because they are clear, unambiguous and do not cost much to comply with. To the contrary interim measures of a general nature in inter-state cases pose a new set of challenges to the legitimacy of the European Court of Human Rights. It is argued here that such measures are risky and their success to a major extent depends on unpredictable political circumstances.