Part I Conclusion of Treaties, 5 Provisional Application of Treaties in International Law: The Energy Charter Treaty Awards

Subject(s):

Treaties, provisional application — Vienna Convention on the Law of Treaties — Consensual arrangements other than treaties — General principles of international law — ECT (Energy Charter Treaty)

The tension between the often urgent need for effective legal arrangements in modern international law and the much slower internal procedures for finalization of commitment to treaties has lead to the practice of provisional application of treaties. Many treaties provide for their provisional application pending final ratification by the states parties and the Vienna Convention on the Law of Treaties has codified authoritative practice. But two recent arbitral awards, in applying Article 45 of the Energy Charter Treaty, have created some confusion.