Examples of using The provisional application in English and their translations into Chinese
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Political
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Ecclesiastic
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Programming
(f) Lastly, if the provisional application of a treaty is deemed to produce legal effects, the legal consequences of violation of the obligations assumed through such application must be determined.
Mr. AUKRUST(Norway), referring to article 113, said that the French version of the title might suggest that what was proposed was the provisional application of the Statute.
However, one drawback of the practice was the fact that it allowed a State to delay expression of its consent to be bound by a treaty, the provisional application of which did not generate legally binding obligations.
In Portugal, practice was based on a restrictive interpretation of article 8, paragraph 2, of the Portuguese Constitution, which did not permit the provisional application of a treaty.
Mr. Tunkin doubted the advisability of including subparagraph(b) because it might be interpreted in such a manner as to allow a State to terminate the provisional application of a treaty, notwithstanding the provisions of the treaty itself.
Article 21(renumbered 24), adopted by the Commission in 1962, included the following clause:" or the States concerned shall have agreed to terminate the provisional application of the treaty".
In this connection, an analysis of the information furnished by States thus far shows that the provisional application of a treaty undoubtedly creates a legal relationship and therefore has legal effects.
While all the new topics were important, the priority for the next quinquennium should be on the formation and evidence of customary international law and the provisional application of treaties.
Consideration in the context of the provisional application of treaties.
New paragraph 2 reintroduced the issue of the termination of the provisional application of a treaty.
Flexibility was an essential element of the provisional application of treaties and must be preserved and analysed.
Several additional general observations were made concerning the legal consequences of the provisional application of treaties.
All of these factors raise various questions regarding the interpretation and scope of the provisional application of treaties.
An important question concerning the topic of the provisional application of treaties was the scope of such application. .
Clearly, the provisional application of treaties has consequences that arise both within the State and at the international level.
Some of the primary factors that may lead States to resort to the provisional application of treaties are addressed below.
While Israel provided for the possibility of the provisional application of treaties, such application was done only under exceptional circumstances.