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Provisional Application Problems of International Treaties ... A Contemporary Legal Vision | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 12, Volume 14, Issue: 1 part 2, June 2024, Pages 316-348 PDF (1.04 M) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2024.148618.1230 | ||
| Author | ||
| Fathi Muhammad Fathi Al-Hayani* | ||
| College of Law/University of Mosul | ||
| Abstract | ||
| The research studies the temporary application of international treaties and the developments that have occurred in the field of international practice, jurisprudential opinions, the positions of states and international organizations, as well as judicial precedents. Given the frequent resort by international parties to adopting temporary application for multiple considerations, in addition to the shortcomings and ambiguities that plagued its legal system, which was contained in a single article in the Vienna Convention on the Law of Treaties of 1969, the International Law Commission has devoted its efforts to studying and analyzing all the legal aspects of this type of application. Over the course of nine years of continuous work, which resulted in the adoption of 12 guiding principles accompanied by comments, which attempted to find guiding methods that international parties could adopt and be guided by during their exercise of temporary application. On this basis, the research devotes its research tools towards temporary application in terms of the concept, objectives and legal nature, as well as its legal effects and international responsibility that could arise as a result of the breach of international obligations arising from it and the problems that accompany identifying all of this in light of the committee’s findings and the jurisprudential opinions presented. and contemporary international practices. | ||
| Keywords | ||
| international treaties; international law; application | ||
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