Temporary Performance of Treaties

Making international treaties usually needs long formalities. To introduce a treaty into the international system, it is necessary to pass through the long process of negotiation, signature, ratification, documents exchange and so on. To go through all these formalities may come into conflict with the necessity of rapid coming into force of some treaties. Therefore, to create a type of compromise between the urgent need for making a treaty and going through the long national and international formalities, the provisional application of a treaty, as a mechanism was planned. This mechanism is reflected in the article 25 of Vienna Convention on the Law of Treaties Concluded at Vienna on 23 May 1969. Nowadays this Provisional Application is widely used in international arena but it is rarely considered in the law literature of our country despite of its importance and application. This paper tries to investigate '' the Provisional Application'' by using negotiation's background of article 25 in the international law commission and Vienna Conference, judicial procedure, jurisconsult's thoughts and stipulates conditions and terms of article 25 in Vienna Convention. The main applications of the article 25, nature and legal effects of the Provisional Application, the possible conflict of Provisional Application with countrie's domestic laws and the statue of Provisional Application in Iran''s legal system are of the major concerns of this paper.