Clarifying the Unclear: Requests for Modification, Revocation, and New Provisional Measures

Abstract More and more frequently, parties are submitting multiple requests for provisional measures within the same proceedings. These include requests for the modification or revocation of existing provisional measures, or for the granting of new provisional measures. However, the practical application of these procedures is problematic. It remains unclear whether a modification may also serve to “clarify” or “specify” existing provisional measures. There is ongoing debate as to whether non-compliance with the previous measures may be taken into account when considering modification. Some requests for modification have been wrongly submitted and examined as if they were requests for new measures. Certain judges argue that international courts should adopt a more flexible approach to these conditions, at times even bypassing them. For the sake of their legitimacy and prestige, international courts are urged to begin stabilising their jurisprudence.