Примеры использования Provisional application of a treaty на Английском языке и их переводы на Русский язык
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In the case of treaties that did not provide a mechanism for terminating the provisional application of a treaty, termination of provisional application for any reason other than a State's intention not to become a party to the treaty would be inconsistent with article 25, paragraph 2, of the Vienna Convention on the Law of Treaties. .
Therefore, his delegation was pleased with the repeated recognition in the Special Rapporteur's second report that the provisional application of a treaty undoubtedly created a legal relationship
to consider the extent to which the provisional application of a treaty might contribute to the formation of rules of customary international law.
treaty otherwise provides", the Chair of the Drafting Committee recalled the decision of the Committee of the Whole to include a paragraph on termination, and">clarified that a State which had accepted the provisional application of a treaty could decide later that it did not wish to become a party; upon the other
States had found several ways to agree on the provisional application of a treaty while allowing for constitutional requirements.
However, the legal effects of the provisional application of a treaty should be distinguished from those of its entry into force.
Alternatively, they might agree to the provisional application of a treaty as from notification of completion of the necessary internal procedures.
The opposite view is that by agreeing to the provisional application of a treaty States are not bound to apply the treaty. .
However, it has also been said that article 25"provides the technical framework of how States may go about the provisional application of a treaty.
The possibility of terminating the provisional application of a treaty without renouncing an intention to become a party to it in the future also required further examination.
As indicated by the Special Rapporteur, a State's provisional application of a treaty terminated naturally with the treaty's entry into force for that State.
Elements that could gain from further clarification included the exact meaning of"provisional application of a treaty" and the nature of the obligations created by provisional application. .
He also recalled that there had been cases before international tribunals in which the dispute had related precisely to the legal scope of the provisional application of a treaty.
Lastly, if the provisional application of a treaty is deemed to produce legal effects,
At the Vienna Conference, the question of the legal nature of the provisional application of a treaty was discussed primarily in the context of the principle of pacta sunt servanda.
The Commission should also consider the question of the termination of the provisional application of a treaty, which was only partially dealt with in article 25, paragraph 2, of the Vienna Convention.
One further question would be whether breaches of obligations under rules of international law which occurred on the basis of the provisional application of a treaty entail international responsibility once the provisional application terminates.
It should be stressed that nothing in the Vienna Convention on the Law of Treaties prevents a State from terminating the provisional application of a treaty and subsequently rejoining the treaty regime through ratification or accession.