THE RIGHT OF WITHDRAWAL INTERNATIONAL TREATIES AND PROVISIONAL APPLICATION OF INTERNATIONAL TREATIES: EXAMPLE OF THE ENERGY CHARTER TREATY
In the modern world, states maintain their bilateral and unilateral relationships by means of international agreements. An international agreement signed with no objection and hesitation may become a reluctant agreement in the course of events. In such a case parties may choose to terminate the agreement.
Another important point for international agreements is temporary application. An agreement is at pending situation between signature and adoption to domestic law periods. This vague legal status of the agreement can only be clarified by parties’ declarations about the application of the agreement.
The Vienna Convention on the Law of Treaties (VCLT) gives details for withdrawal from an international agreement. In addition to that VCLT sets forth provisions for temporary application of an agreement between the period of signature and adoption to domestic law. Since the Energy Charter Treaty (ECT) is an international agreement within the context of VAHS, temporary applicability of the agreement and withdrawal procedure from this agreement should be discussed. In this framework ECT includes provision for such issues.
In this regard ECT, which regulates energy investments, trade and transportation, offers provisions for both temporary application and withdrawal procedures. However, in practice provisions for these subjects are not sufficient and therefore this brings up conflicts particularly about temporary application.
International Treaties, Right of Withdrawal, Provisional Application, Energy Charter Treaty, VCLT