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The Law of Treaties Beyond the Vienna Convention$
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Enzo Cannizzaro

Print publication date: 2011

Print ISBN-13: 9780199588916

Published to Oxford Scholarship Online: September 2011

DOI: 10.1093/acprof:oso/9780199588916.001.0001

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Provisional Application of Treaties in International Law: The Energy Charter Treaty Awards

Provisional Application of Treaties in International Law: The Energy Charter Treaty Awards

Chapter:
(p.86) 5 Provisional Application of Treaties in International Law: The Energy Charter Treaty Awards
Source:
The Law of Treaties Beyond the Vienna Convention
Author(s):

Mahnoush H. Arsanjani

W. Michael Reisman

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199588916.003.0005

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.

Keywords:   treaties, provisional application, Energy Charter Treaty, commitment to treaties, Vienna Convention

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