Section I discusses the basis, use, and advantages of the provisional application of treaties in international law. Section II will provide a general overview of the ECT, with a specific emphasis on the treaty provisions likely to arise in the Yukos Arbitration; and Section III presents a brief factual background to the Yukos Arbitration. Section IV analyzes the Yukos Arbitration by examining how the characterization of the obligations imposed by provisional application under the ECT should be resolved in light of the purpose behind provisional application of treaties. Section V will discuss how the outcome of the Yukos Arbitration has the potential to impact foreign investment under the ECT. The Comment concludes with a general discussion of the future place of provisional application in international treaty law.
Niebruegge, Alex M.
"Provisional Application of the Energy Charter Treaty: The Yukos Arbitration and the Future Place of Provisional Application in International Law,"
Chicago Journal of International Law:
1, Article 16.
Available at: https://chicagounbound.uchicago.edu/cjil/vol8/iss1/16