How successful is Article 62 of the Vienna Convention of the Law of Treaties 1969 in dealing with the termination of treaties on the grounds of fundamental change of circumstances?
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Words: 2641
Pages: 10
(approximately 235 words/page)
Pages: 10
(approximately 235 words/page)
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The doctrine of fundamental change of circumstances, (rebus sic stantibus) is a principle of customary international law allowing a part to an agreement to withdraw or terminate it where there has been a fundamental change in circumstances. The main justification for this principle is that treaties often remain in force for many years, during which time fundamental changes may occur in the political or international environment which may require a departure from the provisions set …
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showed first 75 words of 2641 total
showed last 75 words of 2641 total
…states from testing the legitimacy of their decision to terminate a treaty on the basis of Article 62 before the ICJ, as will probably occur in the ABM Treaty debate. Perhaps an alternative solution would be to not only use Article 62 as a method of upholding or terminating treaties; but more flexibly as a process for initiating renegotiation or modification of a treaty whose object and purpose no longer correspond to the needs of changed circumstances.
…states from testing the legitimacy of their decision to terminate a treaty on the basis of Article 62 before the ICJ, as will probably occur in the ABM Treaty debate. Perhaps an alternative solution would be to not only use Article 62 as a method of upholding or terminating treaties; but more flexibly as a process for initiating renegotiation or modification of a treaty whose object and purpose no longer correspond to the needs of changed circumstances.
