1. In serious and urgent cases, and whenever necessary
according to the information available, the Commission may, on its
own initiative or at the request of a party, request that the State
concerned adopt precautionary measures to prevent irreparable harm
2. If the Commission is not in session, the President, or,
in his or her absence, one of the Vice‑Presidents, shall consult
with the other members, through the Executive Secretariat, on the
application of the provision in the previous paragraph. If it is
not possible to consult within a reasonable period of time under the
circumstances, the President or, where appropriate, one of the
Vice-Presidents shall take the decision on behalf of the Commission
and shall so inform its members.
3. The Commission may request information from the
interested parties on any matter related to the adoption and
observance of the precautionary measures.
4. The granting of such measures and their adoption by the
State shall not constitute a prejudgment on the merits of a case.