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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?
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 out in the treaty. However, this principle has also been criticized for disrupting the binding force of obligations taken by states, particularly when bearing in mind that there is no compulsory jurisdiction forcing states who terminate a treaty on this ground, to have the legitimacy of their decision scrutinised before an international tribunal.
Nevertheless, this principle has been codified in Article 62 of the VCLT, although its scope has been severely restricted. …
- 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?
- This Essay Is an Article about the CIA Sponsored Contra Group in Nicaragua
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