Abstract

This paper discusses the provisional application of the ECT under Article 45, with particular attention to three major cases currently pending against the Russian Federation. It makes four main points. First, paragraphs (1) and (2) of Article 45 function independently from each other. This means that Article 45 (1) can be invoked even if no declaration has been made under Article 45 (2) - as in the case of the Russian Federation. Second, the domestic law clause in Article 45 (1) can be invoked only if the relevant domestic legal instrument existed at the time of signature and is ...