ARTICLE 45: PROVISIONAL APPLICATION
Article 45 of the ECT provides a discipline on provisional application. This is a relative recent development in international law, tailored to overcome traditional political impasse in the practice of concluding international agreements. This chapter focuses on the evolution of such a mechanism, including considerations on the current debate before the UN International Law Commission, where a Draft Report on Provisional Application of Treaties is under discussion. Moreover, with regard to the ECT, it shed lights on the Russian case, as the Federation’s termination of its provisional application opened the ground for investors’ protection issues.
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