A “Game of Give and Take”: The ITLOS, the ICJ and Provisional Measures

Besides testing the enduring influence of the ICJ law and practice on provisional measures on those of ITLOS, this chapter aims to assess whether the recent practice of ITLOS could suggest new developments in the ICJ (and other courts and tribunals) approach to provisional measures. Accordingly, the analysis carried out in this chapter is twofold. First, it is showed that, with respect to certain aspects of provisional measures, the practice of “borrowing” from the ICJ is still particularly evident in ITLOS case law. It is stressed at the same time that this practice should often be followed by a practice of adapting the Court’s suggestions to the Tribunal’s peculiarities. Secondly, this chapter claims that while the evolution of the law governing provisional measures in the ICJ continues to have a significant impact for the ITLOS, this latter has also the potential to “lend” something to the Court, rather than only to borrow from it, and more generally to contribute to the development of the international law on provisional measures.