Provisional Application

Provisional Application and the Treaties of the European Union

Description of Provisional Application provided by the European Union Commission: The growing use of provisional application clauses in treaties is a consequence of the need felt to give effect to treaty obligations prior to a state's formal ratification of/accession to a treaty. The obligations relating to provisional application are undertaken by a conscious voluntary act of the state consistent with its domestic legal framework.

Provisional application of a treaty that has entered into force

The provisional application of a treaty that has entered into force may occur when a state undertakes to give effect to the treaty obligations provisionally although its domestic procedures for ratification/accession have not yet been completed. The intention of the state would be to ratify/accede to the treaty once its domestic legal requirements have been met. Provisional application may be terminated at any time. In contrast, a state which has consented to be bound by a treaty through ratification/accession or definitive signature, is governed by the rules on withdrawal specified in the treaty concerned (Arts. 54, 56, Vienna Convention on the Law of Treaties 1969).[Art. 25, Vienna Convention on the Law of Treaties 1969]

Provisional application of a treaty that has not entered into force

Provisional application of a treaty that has not entered into force may occur when a state notifies that it would give effect to the legal obligations specified in that treaty provisionally. These legal obligations are undertaken by a conscious voluntary act of the state consistent with its domestic legal framework. Provisional application may be terminated at any time. In contrast, a state which has consented to be bound by a treaty through ratification/ accession or definitive signature, is governed by the rules on withdrawal specified in the treaty concerned (Arts. 54, 56, Vienna Convention on the Law of Treaties 1969). Provisional application may continue even after the entry into force of the treaty in relation to a state applying the treaty provisionally until that state has ratified it. Provisional application terminates if a state notifies the other states among which the treaty is being applied provisionally of its intention of not becoming a party to the treaty. [Art. 25 (2), Vienna Convention on the Law of Treaties 1969].

Provisional Application (of a Treaty)

Embracing mainstream international law, this section on provisional application (of a treaty) explores the context, history and effect of the area of the law covered here.

Resources

Further Reading

• The entry “provisional application (of a treaty)” in the Parry and Grant Encyclopaedic Dictionary of International Law (currently, the Encyclopaedic Dictionary of International Law, 2009), Oxford University Press

Resources

See Also

Popular Treaties Topics

• Treaties of the United Nations (UN)
• Types of Treaties
• International Treaties
• Famous Treaties
• Law of Treaties
• Numbered Treaties

Provisional Application and the Treaties of the European Union

Description of Provisional Application provided by the European Union Commission: The growing use of provisional application clauses in treaties is a consequence of the need felt to give effect to treaty obligations prior to a state's formal ratification of/accession to a treaty. The obligations relating to provisional application are undertaken by a conscious voluntary act of the state consistent with its domestic legal framework.

Provisional application of a treaty that has entered into force

The provisional application of a treaty that has entered into force may occur when a state undertakes to give effect to the treaty obligations provisionally although its domestic procedures for ratification/accession have not yet been completed. The intention of the state would be to ratify/accede to the treaty once its domestic legal requirements have been met. Provisional application may be terminated at any time. In contrast, a state which has consented to be bound by a treaty through ratification/accession or definitive signature, is governed by the rules on withdrawal specified in the treaty concerned (Arts. 54, 56, Vienna Convention on the Law of Treaties 1969).[Art. 25, Vienna Convention on the Law of Treaties 1969]

Provisional application of a treaty that has not entered into force

Provisional application of a treaty that has not entered into force may occur when a state notifies that it would give effect to the legal obligations specified in that treaty provisionally. These legal obligations are undertaken by a conscious voluntary act of the state consistent with its domestic legal framework. Provisional application may be terminated at any time. In contrast, a state which has consented to be bound by a treaty through ratification/ accession or definitive signature, is governed by the rules on withdrawal specified in the treaty concerned (Arts. 54, 56, Vienna Convention on the Law of Treaties 1969). Provisional application may continue even after the entry into force of the treaty in relation to a state applying the treaty provisionally until that state has ratified it. Provisional application terminates if a state notifies the other states among which the treaty is being applied provisionally of its intention of not becoming a party to the treaty. [Art. 25 (2), Vienna Convention on the Law of Treaties 1969].

Resources

See Also

Popular Treaties Topics

• Treaties of the United Nations (UN)
• Types of Treaties
• International Treaties
• Famous Treaties
• Law of Treaties
• Numbered Treaties