n Comparative and International Law Journal of Southern Africa - The role of provisionally applied treaties in international organisations
|Article Title||The role of provisionally applied treaties in international organisations|
|© Publisher:||Institute of Foreign and Comparative Law|
|Journal||Comparative and International Law Journal of Southern Africa|
|Publication Date||Mar 2006|
|Pages||39 - 56|
This article examines the role played in the context of public international organisations of the procedure of provisional application as reflected in articles 25 of the 1969 and 1986 Vienna Conventions on the Law of Treaties. It also identifies developments in the law and practice of provisional application that have been fostered by the creation, functioning and treaty-making activities of international organisations.
Following a brief introduction to the procedure of provisional application, three distinct applications of the technique in international organisations are discussed. These are the provisional application of treaties concluded by international organisations in their own right; the provisional application of multilateral conventions negotiated and concluded under the auspices of international organisations; and the provisional application of treaties containing the constitutions of new international organisations or amending such constitutions. As the provisional application of constituent instruments is frequently achieved in the surroundings of a temporary intergovernmental entity known as a preparatory commission, consideration is also given to the unresolved question of the international legal status of such bodies. Among the conclusions reached is that organisational practice demonstrates that the principle of pacta sunt servanda applies during the provisional period.
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