Pick and Choose at the ICJ
The International Court of Justice (ICJ) has begun to deviate from its long-standing standards, as seen in its Provisional Measures Orders (PMOs) in Nicaragua v. Ecuador.
This new approach assesses "circumstances" required for provisional measures under Article 41 of the ICJ Statute, differing from the traditional chronological five-prong test used since Belgium v.
The Court has adopted a "pick and choose" approach, giving it flexibility but also creating risks of arbitrariness and unpredictability.
This approach creates risks of arbitrariness and unpredictability.
Author's summary: ICJ deviates from standards.