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Part III Treaty Formation, 10 Provisional Application of Treaties

Danae Azaria

From: The Oxford Guide to Treaties (2nd Edition)

Edited By: Duncan B. Hollis

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 02 December 2023

Vienna Convention on the Law of Treaties — Treaties, application — Treaties, provisional application

This chapter focuses on the provisional application of treaties, examining whether and how international law accommodates treaty-makers’ desire to apply their treaties sooner than the text’s entry-into-force provisions (or more pertinently domestic legal requirements) allow. Part I begins with an examination of the shift in terminology from ‘provisional entry into force’ to ‘provisional application’. Part II explores the formal source of the binding effect of provisional application and the forms it can take. Part III takes up the legal effects of provisional application. Part IV deals with the relationship between provisional application and domestic law, and Part V with the termination of provisional application. The chapter finishes with some conclusions on provisional application and the future developments in this area.

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