The provisional application of a treaty is a specific situation where a treaty or a part of a treaty is applied provisionally pending its entry into force.
Article 25 of the Vienna Convention on the Law of Treaties provides:[1]
1. A treaty or a part of a treaty is applied provisionally pending its entry into force if:
- (a) the treaty itself so provides; or
- (b) the negotiating States have in some other manner so agreed.
2. Unless the treaty otherwise provides or the negotiating States have otherwise agreed, the provisional application of a treaty or a part of a treaty with respect to a State shall be terminated if that State notifies the other States between which the treaty is being applied provisionally of its intention not to become a party to the treaty.
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Transcription
See also
- Provisional law (Norwegian law)
References
Further reading
- International Law Commission: Analytical Guide to the Work of the International Law Commission – Provisional application of treaties
- Brölmann, Guido Den Dekker (2020) Treaties, Provisional Application in Max Planck Encyclopedia of Public International Law of the Max Planck Encyclopedias of International Law
- Mahnoush H. Arsanjani, W. Michael Reisman (2011) Provisional Application of Treaties in International Law: The Energy Charter Treaty Awards in Enzo Cannizzaro, editor, The Law of Treaties Beyond the Vienna Convention. ISBN 9780199588916.
- Merijn Chamon (2020) Provisional Application of Treaties: The EU's Contribution to the Development of International Law. European Journal of International Law, chaa061
External links
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This page was last edited on 4 June 2024, at 19:10