Provisional Application of Treaties
In this advisory report the CAVV issues recommendations on the International Law Commission’s Draft Guide to Provisional Application of Treaties. Generally speaking, the CAVV considers the Draft Guide a useful aid in applying existing international law on the provisional application of treaties. It is possible that the draft guidelines will have a harmonising effect by promoting the use of consistent and coherent terminology.
The great flexibility pursued in the Draft Guide means that the practicability for specific application in practice may not be very substantial in the case of each particular draft guideline. The core obligations incorporated in the draft guidelines – that provisional application means application as if the treaty has entered into force and that a legal basis is required for suspending or terminating provisional application – can be deemed sufficiently clear and robust to be adhered to in practice by States.