In light of a noticeable surge in incidental proceedings, notably an increase in provisional measure requests by States, it seems an opportune moment to delve into discussions that not only revisit the fundamentals but also chart a course for the future. Central to these deliberations is the intricate web of provisional measure requests amidst highly political cases. To that end, this discussion aims to provide a platform for the panel to offer insights on several aspects within the context of a wider evaluation of any potential backlash should requests be perceived as veiled attempts at advancing political motives. Such aspects include (1) elucidating the purpose and process underlying the provisional measures mechanism, (2) examining and clarifying the ICJ’s mandate in this context, and (3) analyzing the increased engagement of States from the Global South with provisional measures. .

Panelists:

• Amir Farhadi, Public International Law and International Arbitration Associate at Foley Hoag
• Cecily Rose, Associate Professor at Leiden University
• Oona Hathaway, Gerard C. and Bernice Latrobe Smith Professor of International Law at Yale Law School
• Eran Sthoeger, Litigator and consultant in international law; Adjunct Professor of Law, Brooklyn Law School

Organized by the International Courts & Tribunals Interest Group of the American Society of International Law.