Overview

The phenomenon of provisional application of a treaty raises problems of further investigation in international law, therefore the present work has the objective of filling through a comprehensive reconstruction the various gaps and main problems of it. A treaty before entering into force is in a waiting stage, as a provisional application that represents a simplified means of the provisions of the treaty. The deferred and expressed solutions have to do with the legal nature of this phenomenon, which highlights and inserts a provisional application clause in a treaty, according to which the states stipulate in a simplified form and not only as a parallel, autonomous agreement that respects the treaty that is destined to enter definitively into force. This agreement has a limited configuration, essential as regards its characteristics, that is, an agreement that is ad libitum disapplied by the states that have participated in its negotiation. Such violation attributes to the injured state its own power to render it as defaulting each time. Non-binding agreements in international law are not protected by sanctions that guarantee compliance. The nature of such agreements stricto sensu governs the act of their termination when a behavior of a state modifies, revokes retroactively the legal situations that the contracting state has acquired during their execution.

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9789999330824

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