Standard of Plausibility in Provisional Measures Prescribed by the International Tribunal for the Law of the Sea

Abstract

The work will analyze the requirement of plausibility in provisional measures prescribed by International Tribunal for the Law of the Sea (ITLOS) and comparing the application of this requirement by other International Courts and Tribunals. For this purpose, the project will be divided in three parts. First, the author verifies the scope of provisional measures issued based on how United Nations Convention on the law of the Sea (UNCLOS) defines its concept, aim, and the requirements necessary to be prescribed by the Tribunal. Second, the article will be digging deeper into the plausibility requirement by showing what this requirement means by analysing its evolution, object, and standard. Third, this paper will address the central theme proposed by the author, which is the standard of application of the plausibility by ITLOS and if it fits the same application by other Courts and Tribunals, such as UNCLOS Annex VII’s Arbitral Tribunals and International Court of Justice (ICJ). In its preliminary conclusion, the current research shows that ITLOS does not clarify a standard of application of the requirement that fits the same standard of other Courts and Tribunals, leading to further questions.