Under Article 25 of the Vienna Convention on the Law of Treaties, PROVISIONAL APPLICATION of a treaty is permitted where:
Answer & Solution
Correct answer: A.
1. Article 25(1) VCLT: 'A treaty or a part of a treaty is applied provisionally pending its entry into force if: (a) the treaty itself so provides; or (b) the negotiating States have in some other manner so agreed.'
2. Article 25(2): UNLESS the treaty otherwise provides or the negotiating States have otherwise agreed, the provisional application of a treaty or a part of a treaty with respect to a State shall be terminated if that State notifies the other States between which the treaty is being applied provisionally of its intention not to become a party to the treaty.
3. Used frequently in trade and investment treaties pending parliamentary ratification.
4. The ILC's 2021 Guide to Provisional Application of Treaties clarifies the framework.
5. Hence option B is correct.
_Source: UN Charter 1945 / Vienna Convention on Law of Treaties 1969 / Geneva Conventions 1949 / ICJ Statute / UDHR ICCPR ICESCR — Vienna Convention on the Law of Treaties 1969, Article 25_
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