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World Court Digest

III. The International Court of Justice
3.10. Provisional Measures
3.10.3. Provisional Measures and Jurisdiction

¤ Passage through the Great Belt
(Finland / Denmark),
Provisional Measures,
Order of 29 July 1991,
I.C.J. Reports 1991, p. 12

[pp. 15-16] 13. Whereas the Republic of Finland claims to found the jurisdiction of the Court to entertain the present case primarily upon declarations made by the Parties accepting the compulsory jurisdiction of the Court under Article 36, paragraph 2, of the Statute of the Court; and whereas such declarations were deposited with the Secretary-General of the United Nations, by the Kingdom of Denmark on 10 December 1956, without reservations, and by the Republic of Finland on 25 June 1958, incorporating a reservation not material to the present case;

14. Whereas on a request for provisional measures the Court need not, before deciding whether or not to indicate them, finally satisfy itself that it has jurisdiction on the merits of the case, yet it ought not to indicate such measures unless the provisions invoked by the Applicant appear, prima facie, to afford a basis on which the jurisdiction of the Court might be founded; whereas in the present case it has been stated by Denmark that the Court's jurisdiction on the merits is not in dispute;

15. Whereas the Court in the circumstances of the present case is satisfied that it has the power to indicate provisional measures;