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Provisional Apllication of the International Treaties of Russia

Student: Aleksa Kristina

Supervisor: Vladislav Starzhenetsky

Faculty: Faculty of Law

Educational Programme: Law of International Trade, Finance and Economic Integration (Master)

Year of Graduation: 2020

Article 25 of the VCLT reflects the procedure by which contracting states may agree among themselves to the provisional application of some or all of the provisions of a treaty prior to its entry into force. This flexible procedure combines the advantages of entry into force after signature with the functions of ratification, allowing to implement a treaty immediately. Article 25 of the VCLT does not regulate all issues of the provisional application of treaties. The full content of the customary rule of international law is unclear, and the existing case law concerns only certain aspects of this topic and is limited by the context of one treaty — the ECT. Against this background, the recently started work of the ILC on this topic appears to be an important prerequisite for harmonizing approaches, clarifying issues and developing detailed rules of provisional application. An intermediate result of its work are the Draft Guidelines for the Provisional Application of International Treaties of 2018, currently presented to states and international organizations for their comment. The absence of detailed international legal rule leaves states with wide discretion in determining the conditions for the provisional application of treaties. States may independently decide under what conditions their legal systems allow provisional application of international treaties in principle. The legislation of the countries reviewed in this paper — the United States, the United Kingdom, Germany, Switzerland and Russia — shows significant differences in the source of the rules at the national level in relation to provisional application. All countries reviewed not only provide for the low regulation of issues of provisional application, but may also be characterized by the fragmentation of regulations available. Selected examples of the participation of states in provisional application do not allow, as such, to establish general rules: in most cases, they only illustrate the possible behavior of a particular state. Nevertheless, there is a common tendency within all countries at issue to apply international treaties on a provisional basis, on a par with those that have entered into force for them.

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