Provisional Measures

Provisional measures under UNCLOS Article 290 are interim orders a court or tribunal may prescribe to preserve the rights of the parties or prevent serious harm to the marine environment pending the final decision. ITLOS has a special role: under Article 290(5) it may prescribe provisional measures while an Annex VII tribunal is being constituted, which made it the venue for early orders in the MOX Plant, Land Reclamation, and Arctic Sunrise cases. The measures bind the parties, who must report on their compliance.