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:
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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/.
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