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.

For the concept in US patent law, see Provisional application.

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
  1. Article 25 of the Vienna Convention on the Law of Treaties

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
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