Browsing by Author "Murto, Mikko"

In this thesis I will study the principle of provisional application of treaties in international law. I will provide an overview of what provisional application of treaties is and what issues it may entail. The main source material of this thesis is the study on the provisional application of treaties done by the International Law Commission of United Nations, specifically the Special Rapporteur Mr Juan Manuel Gómez-Robledo, beginning in early 2010s, and the so-called Yukos cased, relating to provisional application of the Energy Charter Treaty in a long dispute over the protection of foreign investment provided by the treaty. In Chapter 1 I will establish my research question and the methodology. I will also provide a short definition of what provisional application of treaties is to aid the reader in following the thesis. Chapter 2 of the thesis is all about the work of the International Law Commission on the subject of provisional application. First, I will provide an introduction to the Commission’s work on the subject. After that I will provide an overview of the work on the subject by the Special Rapporteur, dividing the issues covered by the Special Rapporteur in logical sections. The chapter will end with an overview of what the Special Rapporteur has proposed as the outcome of the Commission’s work on the subject. Chapter 3 will be centred around the Yukos cases, as they are an excellent example of some of the issues related to provisional application. I will begin by providing some background to the cases, after which I will go over the procedural history of them. After that I will analyse the issues related to provisional application during the process. I will analyse the parties’ argumentation and how the different courts judged on the issues. At the end of this chapter, I will provide a few thoughts on what the International Law Commission’s work on the subject has to offer for the Yukos cases. In chapter 4 I will provide a few closing thoughts on the matter. At the end of this thesis, I hope that the reader has a comprehensive view on what provisional application of treaties is, what issues its usage may entail and how the provisional application of the Energy Charter treaty has been argued and interpreted in the Yukos cases.