Provisional application (treaty)

In international law, "provisional application" of a treaty refers to a state's voluntary decision to implement the treaty's provisions temporarily, prior to its formal entry into force for that state. This means that although the state may not yet be fully bound by the treaty under international law, it agrees to be bound by certain or all of the treaty's obligations on a temporary basis.

Provisional application is generally governed by the specific provisions of the treaty itself. The treaty will usually outline the scope of provisional application, the date from which it begins, and the circumstances under which it may be terminated.

There are several reasons why a state might choose to provisionally apply a treaty. These can include:

• Urgency: A state may want to implement the treaty's provisions quickly due to an urgent need for international cooperation in a particular area.
• Political expediency: Provisional application can allow a state to demonstrate its commitment to the treaty's objectives without immediately undergoing the full process of ratification or accession, which can be lengthy and complex.
• Domestic legal constraints: A state's domestic legal system may require certain procedures or approvals before a treaty can be fully ratified or acceded to. Provisional application allows the state to begin implementing the treaty while these procedures are underway.
• Encouraging wider participation: Provisional application by some states can encourage other states to join the treaty, as they may see the benefits of early implementation.

The legal effects of provisional application are generally considered to be binding on the state applying the treaty provisionally. However, the precise nature and extent of those obligations depend on the specific provisions of the treaty and the state's declaration of provisional application.

Provisional application is not a substitute for formal ratification or accession. Eventually, the state will need to complete its domestic legal procedures to become a full party to the treaty. Once the treaty enters into force for the state through ratification or accession, the provisional application typically ceases, although the treaty itself may provide for a different outcome.