THE RIGHT OF WITHDRAWAL INTERNATIONAL TREATIES AND PROVISIONAL APPLICATION OF INTERNATIONAL TREATIES: EXAMPLE OF THE ENERGY CHARTER TREATY

In the modern world, states maintain their bilateral and unilateral relationships by means of international agreements. An international agreement signed with no objection and hesitation may become a reluctant agreement in the course of events. In such a case parties may choose to terminate the agre...

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Autor principal:	İslam Safa KAYA
Formato:	article
Lenguaje:	DE EN FR TR
Publicado:	Fırat University 2019
Materias:	international treaties right of withdrawal provisional application energy charter treaty vclt Social Sciences H Social sciences (General) H1-99
Acceso en línea:	https://doaj.org/article/12e1b0dd99cb4c6fb87752d0ad846d19
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spelling	oai:doaj.org-article:12e1b0dd99cb4c6fb87752d0ad846d192021-11-24T09:20:51ZTHE RIGHT OF WITHDRAWAL INTERNATIONAL TREATIES AND PROVISIONAL APPLICATION OF INTERNATIONAL TREATIES: EXAMPLE OF THE ENERGY CHARTER TREATY2148-416310.9761/JASSS3335https://doaj.org/article/12e1b0dd99cb4c6fb87752d0ad846d192019-08-01T00:00:00Zhttps://jasstudies.com/index.jsp?mod=tammetin&makaleadi=149972473_14-Yrd.%20Do%C3%A7.%20Dr.%20%C4%B0slam%20Safa%20KAYA.pdf&key=27798https://doaj.org/toc/2148-4163In the modern world, states maintain their bilateral and unilateral relationships by means of international agreements. An international agreement signed with no objection and hesitation may become a reluctant agreement in the course of events. In such a case parties may choose to terminate the agreement. Another important point for international agreements is temporary application. An agreement is at pending situation between signature and adoption to domestic law periods. This vague legal status of the agreement can only be clarified by parties’ declarations about the application of the agreement. The Vienna Convention on the Law of Treaties (VCLT) gives details for withdrawal from an international agreement. In addition to that VCLT sets forth provisions for temporary application of an agreement between the period of signature and adoption to domestic law. Since the Energy Charter Treaty (ECT) is an international agreement within the context of VAHS, temporary applicability of the agreement and withdrawal procedure from this agreement should be discussed. In this framework ECT includes provision for such issues. In this regard ECT, which regulates energy investments, trade and transportation, offers provisions for both temporary application and withdrawal procedures. However, in practice provisions for these subjects are not sufficient and therefore this brings up conflicts particularly about temporary application.İslam Safa KAYAFırat Universityarticleinternational treatiesright of withdrawalprovisional applicationenergy charter treatyvcltSocial SciencesHSocial sciences (General)H1-99DEENFRTRJournal of Academic Social Science Studies , Vol 9, Iss 44, Pp 193-201 (2019)
institution	DOAJ
collection	DOAJ
language	DE EN FR TR
topic	international treaties right of withdrawal provisional application energy charter treaty vclt Social Sciences H Social sciences (General) H1-99
spellingShingle	international treaties right of withdrawal provisional application energy charter treaty vclt Social Sciences H Social sciences (General) H1-99 İslam Safa KAYA THE RIGHT OF WITHDRAWAL INTERNATIONAL TREATIES AND PROVISIONAL APPLICATION OF INTERNATIONAL TREATIES: EXAMPLE OF THE ENERGY CHARTER TREATY
description	In the modern world, states maintain their bilateral and unilateral relationships by means of international agreements. An international agreement signed with no objection and hesitation may become a reluctant agreement in the course of events. In such a case parties may choose to terminate the agreement. Another important point for international agreements is temporary application. An agreement is at pending situation between signature and adoption to domestic law periods. This vague legal status of the agreement can only be clarified by parties’ declarations about the application of the agreement. The Vienna Convention on the Law of Treaties (VCLT) gives details for withdrawal from an international agreement. In addition to that VCLT sets forth provisions for temporary application of an agreement between the period of signature and adoption to domestic law. Since the Energy Charter Treaty (ECT) is an international agreement within the context of VAHS, temporary applicability of the agreement and withdrawal procedure from this agreement should be discussed. In this framework ECT includes provision for such issues. In this regard ECT, which regulates energy investments, trade and transportation, offers provisions for both temporary application and withdrawal procedures. However, in practice provisions for these subjects are not sufficient and therefore this brings up conflicts particularly about temporary application.
format	article
author	İslam Safa KAYA
author_facet	İslam Safa KAYA
author_sort	İslam Safa KAYA
title	THE RIGHT OF WITHDRAWAL INTERNATIONAL TREATIES AND PROVISIONAL APPLICATION OF INTERNATIONAL TREATIES: EXAMPLE OF THE ENERGY CHARTER TREATY
title_short	THE RIGHT OF WITHDRAWAL INTERNATIONAL TREATIES AND PROVISIONAL APPLICATION OF INTERNATIONAL TREATIES: EXAMPLE OF THE ENERGY CHARTER TREATY
title_full	THE RIGHT OF WITHDRAWAL INTERNATIONAL TREATIES AND PROVISIONAL APPLICATION OF INTERNATIONAL TREATIES: EXAMPLE OF THE ENERGY CHARTER TREATY
title_fullStr	THE RIGHT OF WITHDRAWAL INTERNATIONAL TREATIES AND PROVISIONAL APPLICATION OF INTERNATIONAL TREATIES: EXAMPLE OF THE ENERGY CHARTER TREATY
title_full_unstemmed	THE RIGHT OF WITHDRAWAL INTERNATIONAL TREATIES AND PROVISIONAL APPLICATION OF INTERNATIONAL TREATIES: EXAMPLE OF THE ENERGY CHARTER TREATY
title_sort	right of withdrawal international treaties and provisional application of international treaties: example of the energy charter treaty
publisher	Fırat University
publishDate	2019
url	https://doaj.org/article/12e1b0dd99cb4c6fb87752d0ad846d19
work_keys_str_mv	AT islamsafakaya therightofwithdrawalinternationaltreatiesandprovisionalapplicationofinternationaltreatiesexampleoftheenergychartertreaty AT islamsafakaya rightofwithdrawalinternationaltreatiesandprovisionalapplicationofinternationaltreatiesexampleoftheenergychartertreaty
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THE RIGHT OF WITHDRAWAL INTERNATIONAL TREATIES AND PROVISIONAL APPLICATION OF INTERNATIONAL TREATIES: EXAMPLE OF THE ENERGY CHARTER TREATY

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