Примеры использования Provisional application of a treaty на Английском языке и их переводы на Русский язык
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Article 72 contains a provision on provisional application of a treaty before its entry into force.
The Vienna Convention does not specify the consequences of termination of an agreement on provisional application of a treaty.
Article 25 of the Vienna Convention considers that provisional application of a treaty is based on the agreement of the States concerned.
Provisional application of a treaty was useful, particularly when matters covered by the treaty must be dealt with on an urgent basis.
It would also be useful to consider whether the provisional application of a treaty could be suspended.
Malaysia observed that the provisional application of a treaty was useful in order to avoid the delay entailed by going through the traditional national channels.
New paragraph 2 reintroduced the issue of the termination of the provisional application of a treaty.
They also asserted"the principle that provisional application of a treaty creates binding obligations" para. 314 of each of these three decisions.
For example, some States suggested that the Special Rapporteur should focus on the ways in which States could express their consent to the provisional application of a treaty.
It is clear that provisional application of a treaty, which is considered in article 25 of the Vienna Convention, concerns the application of the treaty before it enters into force within the meaning of article 24.
In many countries, including his own,domestic law determined the extent to which provisional application of a treaty could be agreed or implemented.
It was Germany's understanding that the provisional application of a treaty meant that its rules would be put into practice and would govern relations between the negotiating States, i.e. the prospective parties, to the extent that provisional application was agreed.
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.
On the other hand,the view was expressed that while the provisional application of a treaty could have effects in the domestic legal system, that was not relevant for the Commission's consideration of the present topic.
Although rare in practice, a notice would have the advantage of making it possible for all the parties to the agreement on provisional application of a treaty to terminate it at the same time.
Furthermore, his delegation supported the generally accepted view that the provisional application of a treaty created rights and obligations for the subjects of international law that were provisionally applying that treaty. .
The Committee of the Whole approved, in principle, two proposals to include a new paragraph, on the termination of the provisional entry into force or provisional application of a treaty.
It was suggested that the Commission clarify the legal situation arising out of the provisional application of a treaty, as well as the nature of obligations created by provisional application and the legal effect of its termination.
India expressed the view that it would probably be desirable to lay down some time limit for States to express their intention in the matter, so that the provisional application of a treaty might not be perpetuated.
New Zealand also noted the view of some members of the Commission that provisional application of a treaty implied that the parties concerned were bound by the rights and obligations under the treaty in the same way as if it were in force.
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.
Therefore, the Special Rapporteur's suggestion that a party seeking to terminate provisional application of a treaty might not do so arbitrarily and must explain its decision should be clarified, as article 25 did not include those requirements.
Provisional application of a treaty may arise where States have concluded highly sensitive political agreements and wish to build trust in order to prevent the contracting parties from reconsidering their position regarding the entry into force of the treaty during the ratification process.
In many States-- including Germany-- constitutional and internal law determined to what extent provisional application of a treaty could be agreed or a treaty provisionally applied.
Since the laws by which the Parliament orexecutive branch agreed to the provisional application of a treaty also contained the text of the international treaty, the provisional application of a treaty had the same effect as the entry into force of the treaty, and the State was therefore bound to comply with the articles of the provisionally applied treaty. .
The source of the obligation that arose following a declaration to provisionally apply a treaty was the treaty itself,not the declaration, and the provisional application of a treaty involved a treaty-based relationship, in which the conduct of the State was not unilateral.
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. .
The Special Rapporteur had been encouraged to ascertain whether the rules in article 25 were applicable as rules of customary international law or otherwise in cases where the Vienna Convention did not apply andto consider the extent to which the provisional application of a treaty might contribute to the formation of rules of customary international law.
In 1969, Austria proposed the inclusion of a new paragraph providing that the provisional application of a treaty did not release a State from its obligation to take a position within an adequate time limit regarding its final acceptance of the treaty. .
While sharing the view that the provisional application of a treaty gave rise, in principle, to the same obligations which would arise upon the entry into force of the treaty, she believed that provisional application should serve only as a legal tool to be used exceptionally, when circumstances required an urgent application of the provisions of that treaty. .