Abstract

The provisional application of international treaties is analyzed from the perspectives of both international and domestic law. Provisional application is based on an international agreement. It may be prescribed by the treaty, or it may be subject of a subsidiary agreement. In every case, it constitutes a distinct agreement. Provided that it is valid the agreement on provisional application produces the same effects as any international agreement and as such, it is subject to the principle pacta sunt servanda. The article analyses the practice of different states on provisional application of international treaties.

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