1. Generally, how and when have provisional application clauses been used in international agreements? 2. Are there any precedents in international law where entry into force of one treaty has been tied to an external condition like the ratification of another treaty?   Question 1 Provisional application clauses have been increasingly used in recent …

Does the prohibition on reservations contained in Article 26 of the Kyoto Protocol bar a state from rejecting certain amendments adopted by the Parties at COP15, in purported reliance on the right to reject amendments under Article 20(4) and/or Article 21(5)? The general rules on the making of reservations to treaties are set out in […]

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In 2008, the Maldives, on behalf of the Group of Least Developed Countries (LDCs), submitted a proposal to the Conference of the Parties (COP) of the United Nations Framework Convention on Climate Change (UNFCCC) for an International Air Passenger Adaptation Levy (IAPAL). The suggested IAPAL is a tax on the purchase of international airfares differentiated …

In September 2011, the President of Palau made a statement to the UN General Assembly in which he asked the General Assembly to “seek, on an urgent basis … an advisory opinion from the ICJ on the responsibilities of States under international law to ensure that activities carried out under their jurisdiction or control that […]