Research On Provisional Application Of Treaties

The process of conclusion of a treaty generally requires several stages of negotiation,signing,ratification,and entry into force.Generally,there is a long waiting period after the signing of the treaty and the entry into force of the treaty.During this period,the treaty cannot be applied.With regard to the application of treaties,the provisional application rules of treaties have gradually developed in international practice to make up for the inadequacy of the application of relevant treaties.In practice,the provisional application rules of the treaty play an important role in the application of international treaties such as the General Agreement on Tariffs,the Energy Charter Treaty,and the Agreement on the Implementation of Part XI of the United Nations Convention on the Law of the Sea on December 10,1982.It plays an important role.At the same time,due to the flexibility of the provisional application rules of treaty law,the rules are increasingly widely used in the practice of treaty law.From its legal source,the provisional application rule of the treaty is derived from Article 25 of VCLT.However,the provision only provides a simple and basic way to guide the provisional application of the treaty.No specific implementation rule has been devised.,Lack of clear provisions on its legal nature,its relationship with the entry into force of the treaty,and its legal validity.As a result,there has been great controversy in practice regarding the provisional application of the treaty.Judging from the domestic practice of each country,there are also different provisions in the understanding of the rules of provisional application of treaties in the domestic laws of each country,which will necessarily affect the provisional application of relevant treaties in the contracting states.Therefore,it is necessary to conduct in-depth research on the provisional application rules of the treaty to further clarify its legal nature and specific application issues.First,this article summarizes the provisional application of the treaty,analyzes its legislative background,applicable legal basis,and nature issues,discusses its necessity and role,and distinguishes its meaning from similar concepts.Secondly,Secondly,by citing the Yukos international arbitration case,it analyzes the specific problems in the provisional application of the treaty in practice.Then analyze the affiliation between the provisional application of the treaty and other rules of the Convention on the Law of Treaties,and expound its legal validity.Third,classify the positions of various countries on the provisional application of the treaty,analyze the different provisions of the domestic law on the understanding of the provisional application of the treaty,and combine with China’s position on the provisional application of the treaty.Finally,based on the previous research on the provisional application of treaties,from the perspective of international law and domestic law,we propose suggestions to improve the provisional application rules of treaties,in order to reduce the conflict between international law and domestic law in the practice of provisional application of treaties.