A possible explanation for the Court s willingness to order provisional measures in the current case between the D.R.C. and Uganda, but not in the Aegean Sea Case , might be that the Court feels confident of its jurisdiction to hear the merits in the current case whereas there was a substantial question about its jurisdiction in the earlier one. Any request for provisional measures will ordinarily be made before the Court can definitively decide on its own jurisdiction, but it nevertheless makes a determination of prima facie jurisdiction before it will order provisional measures. The purpose of ASIL Insights is to provide concise and informed background for developments of interest to the international community. The American Society of International Law does not take positions on substantive issues, including the ones discussed in this Insight. Insights may be found on the ASIL Web Site .
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