Published in ReVIS: 27.05.2019; Views: 2661; Downloads: 108 Full text (1,01 MB)
Abstract: PAT is a treaty mechanism of the VCLT which allows for a protracted entry into force of treaties. Specifically, it allows for a treaty to enter into force and become binding even before it would become ratified. ILC also included PAT in the programme of work to clarify legal effects and shed light on PATʼs juridical nature. Recently, PAT was the crucial legal question in notorious Yukos v. Russian Federation case which resulted in the largest arbitral award. It is also included in several EU trade agreements with non-EU States. All this poses several questions concerning relation of PAT in regard to constitutional protection of rights. The thesis will focus on the development of this mechanism through the work of the ILC and present examples of its use both internationally and in the Republic of Slovenia.Published in ReVIS: 27.12.2017; Views: 3252; Downloads: 167 Full text (1,74 MB)
