Mahnoush H. ArsanjaniFrom: The Rome Statute of the International Criminal Court
Edited By: Professor Antonio Cassese, Professor Paola Gaeta, Mr John R.W.D. Jones
Ad hoc international tribunals in the form of arbitral tribunals or claims commissions have a long history. Such tribunals were often created by the parties or on behalf of the parties involved in a conflict. They were created for a specific purpose and for a limited time and were financed by the parties involved. The idea of the League of Nations created interest in establishing a standing tribunal open to a substantial number of States. The Permanent Court of International Justice, later replaced by the International Court of Justice, was supported financially...
Part I Conclusion of Treaties, 5 Provisional Application of Treaties in International Law: The Energy Charter Treaty Awards »
Mahnoush H Arsanjani, W. Michael ReismanFrom: The Law of Treaties Beyond the Vienna Convention
Edited By: Enzo Cannizzaro
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.