Article 25: Provisional Application
In: Commentary on the 1969 Vienna Convention on the Law of TreatiesSearch for other papers by M.E. Villiger in
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Abstract
Article 25 concerns the situation where a treaty or a part of a treaty is applied provisionally pending its entry into force. The provision offers a simplified form of obtaining the application of the entire treaty, or of certain provisions, for a limited period of time. It follows from the freedom of States to conclude treaties in maiore minus that they may at any time decide that a treaty, or certain of its provisions, applies provisionally. The procedure for termination envisaged is that the State notifies the other States between which the treaty is being applied provisionally of its intention not to become a party to the treaty. Article 25 may prove useful in that it enables States experiencing domestic difficulties with the ratification of the treaty, to demonstrate the legitimacy of the practice of provisional application. It demonstrates the flexibility, which States enjoy in view of a forthcoming treaty.