Provisional application (treaty)


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.

See also


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