Provisional Measures: The International Court of Justice and the Fragmentation of International Law

Introduction

In Provisional Measures, Leon Frejda Szklarowsky offers a comprehensive and insightful analysis of the International Court of Justice's (ICJ) use of provisional measures. Drawing on a wealth of primary and secondary sources, Szklarowsky argues that the ICJ's use of provisional measures has been instrumental in shaping the development of international law.

The Fragmentation of International Law

One of the most significant contributions of Provisional Measures is its analysis of the fragmentation of international law. Szklarowsky argues that the ICJ's use of provisional measures has contributed to the fragmentation of international law by creating a body of law that is distinct from the traditional sources of international law. This fragmentation has made it more difficult for states to predict how the ICJ will rule on a given case, which has led to increased uncertainty in international relations.

The Role of the ICJ in the Fragmentation of International Law

Szklarowsky identifies a number of factors that have contributed to the ICJ's role in the fragmentation of international law. These factors include:

• The ICJ's increasing willingness to use provisional measures
• The ICJ's broad interpretation of its jurisdiction
• The ICJ's reliance on equitable principles in its decisions
• The ICJ's lack of a clear hierarchy of norms

The Consequences of the Fragmentation of International Law

The fragmentation of international law has had a number of consequences for the international legal system. These consequences include:

• Increased uncertainty in international relations
• Reduced compliance with international law
• Increased likelihood of conflict between states

Conclusion

In Provisional Measures, Leon Frejda Szklarowsky provides a comprehensive and insightful analysis of the ICJ's use of provisional measures. Szklarowsky argues that the ICJ's use of provisional measures has been instrumental in shaping the development of international law, but that it has also contributed to the fragmentation of international law. This fragmentation has had a number of negative consequences for the international legal system, including increased uncertainty, reduced compliance, and increased likelihood of conflict.

Why You Should Read Provisional Measures

Provisional Measures is a must-read for anyone interested in international law. Szklarowsky's analysis of the ICJ's use of provisional measures is both comprehensive and insightful, and his conclusions are thought-provoking and important. This book is essential reading for scholars, practitioners, and policymakers alike.

How to Purchase Provisional Measures

Provisional Measures is available for purchase from a variety of online retailers, including Amazon, Barnes & Noble, and Google Play. You can also purchase the book directly from the publisher, Cambridge University Press.