A/RES/76/113 Provisional application of treaties 3. Takes note of the views and comments expressed in the debates of the Sixth Committee on the subject, including those made at the seventy-sixth session of the General Assembly, 2 after the International Law Commission had completed its consideration of this topic in accordance with its statute; 4. Also takes note of the Guide to Provisional Application of Treaties, including the guidelines, the text of which is annexed to the present resolution, brings the Guide to the attention of States and international organizations for their consideration, and encourages its widest possible dissemination; 5. Requests the Secretary-General to prepare a volume of the United Nations Legislative Series compiling the practice of States and international organizations in the provisional application of treaties, as furnished by the latter over the years, together with other materials relevant to the topic. 49th plenary meeting 9 December 2021 Annex Text of the guidelines on provisional application of treaties Guideline 1 Scope The present guidelines concern the provisional application of treaties by States or by international organizations. Guideline 2 Purpose The purpose of the present guidelines is to provide guidance regarding the law and practice on the provisional application of treaties, on the basis of article 25 of the Vienna Convention on the Law of Treaties and other relevant rules of international law. Guideline 3 General rule A treaty or a part of a treaty is applied provisionally pending its entry into force between the States or international organizations concerned, if the treaty itself so provides, or if in some other manner it has been so agreed. Guideline 4 Form of agreement In addition to the case where the treaty so provides, the provisional application of a treaty or a part of a treaty may be agreed between the States or internation al organizations concerned through: (a) a separate treaty; or (b) any other means or arrangements, including: __________________ 2 2/4 See A/C.6/76/SR.16, A/C.6/76/SR.17, A/C.6/76/SR.18 and A/C.6/76/SR.19. The statements made in the Sixth Committee are available in full (in the original languages) on the website of the Sixth Committee, at www.un.org/en/ga/sixth/. 21-18669

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