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Provisional Application of Energy Chapter Treaty: In Light of Yukos Arbitral Awards


Provisional Application of treaties is derived from Article 25 of the Vienna Convention on the Law of Treaties, 1969 (VCLT). According to it, a treaty may be provisionally applicable prior to its definitive entry into force if: (a) the treaty itself provides for its provisional application or (b) if the states negotiating the treaty agree to do so through an independent mechanism. The regime of provisional application under Energy Charter Treaty (ECT) is one falling under the former category of Article 25 and thus, provisional application for ECT is regulated through Article 45 i.e., by the provision that the ECT so provides.

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