Consecutive Provisional Measures Requests at the World Court: More of the Same?

Abstract Provisional measures at the International Court of Justice have gained prominence, evolving from a peripheral tool to a pivotal feature of litigation. This article delves into the increasingly relevant phenomenon of consecutive provisional measures requests, namely, instances where more than one such request is submitted in a single case. When facing consecutive requests, the Court must ascertain the existence of “some change in the situation” before re-evaluating the preconditions for interim relief. This “situational change test” is not without difficulties. The article traces it back from its origins in 1927 before the Permanent Court of International Justice all the way to the International Court of Justice’s most recent case law, whilst spelling out persisting challenges. The article argues that these challenges are inevitable because the situational change test is premised on a misconception about the way facts enter the courtroom – not as a static picture but as a dynamic narrative.