The Prescription of Provisional Measures under Article 290 of the Law of the Sea Convention

Abstract

Article 290 of the Law of the Sea Convention allows for the prescription of provisional measures to preserve the respective rights of the parties to the dispute or to prevent serious harm to the marine environment, pending any hearing on the merits or pending the constitution of an arbitral tribunal to which a dispute is being submitted. The thesis examines the jurisprudence on orders for provisional measures with the aim of explaining the purpose(s) of provisional measures, assess how the respective preconditions of article 290 are interpreted by the courts and tribunals under the Law of the Sea Convention, and whether it is possible to identify a consistent pattern in the orders, and thus, an established threshold for granting a request for provisional measures. The thesis also aims to assess the implications of provisional measures from a wider perspective and thus to examine if provisional measures orders may also serve to facilitate settlement of disputes.