Critical Assessment of Provisional Application of Environmental Treaty in the Facilities of CCS Projects

Removing legal barriers of carbon capture and storage project requires a provisional application of treaty related. And the Vienna Convention on the Law of Treaties as well as the Guide to Provisional Application of Treaties provide the law basis for such application of treaties. The positive role of such application in promoting the implementation of carbon capture and storage technologies explains its unique functions as a tool under international emergency, especially when it comes to environmental law. Nevertheless, the issue raised from that the provisional application of treaties shall not be underestimated. It can be found that the practice of provisional application may lead to the instability of the effectiveness of the treaty, the impairment of the integrity of the treaty as a whole, as well as the possibly imposing challenge on the interaction between provisionally applied treaty and the domestic law.