La Cour internationale de justice et la problématique des droits de l'homme

B- The range of academies measurements

In a general way, academies measurements have obligatory force with same title as the judgments of the Court, but in practice, their application appears ineffective, because the States do not lend themselves to it goodwill^106(*). If academies measurements are temporary, they can nevertheless be renewed by a new ordinance. They can be indicated for all the procedure and to take then fine with it at the time of a decision of incompetence or inadmissibility (as in the business of the nuclear Tests), or at the time of the stop at the bottom (for example with the stop of July 25, 1974 in the business of competence as regards Pêcheries)^107(*).

The obligatory character of academies measurements often poses problem in the direction where the CIJ does not have means of execution at its disposal and cannot give the order of their execution. Like it indicated with prudence in the business of the military and paramilitary activities, « when the Court concludes that its situation requires the adoption of measurements of this kind, it falls on each part to seriously take into account the indications thus given and not to base its control solely on what it believes being its rights »^108(*).

* ¹⁰⁶ We will quote here like examples  : the attitude of France with regard to the ordinance of June 22, 1973 in the business of the nuclear Tests (Rec. 1973, p. 99 and 135), it is also the case of Iran in the business of the diplomatic and consular personnel from the United States in Teheran (ordinance of December 15, 1979, Rec. 1979, p. 7) or of the United States in the business of the military and paramilitary activities in Nicaragua and against this one (ordinance of May 10, 1984, Rec., 1984, p. 169.) and in several other businesses which we examined in this paragraph.

* ¹⁰⁷ CIJ, Competence as regards fisheries, stop on the bottom of July 25, 1974, Rec., 1974, p. 175.

* ¹⁰⁸ CIJ, military and paramilitary activities in Nicaragua and against this one (Nicaragua C. the United States, bottom), stop of June 27, 1986, Rec., 1986, § 289.