Treaties, Fundamental Change of Circumstances
Wolff Heintschel von Heinegg
- Customary international law — State practice — Treaties, fundamental change of circumstances — Vienna Convention on the Law of Treaties
Published under the auspices of the Max Planck Foundation for International Peace and the Rule of Law under the direction of Rüdiger Wolfrum.
1 Art. 62 (1) Vienna Convention on the Law of Treaties (1969) (‘VCLT’) provides that, as a general rule, a fundamental change of circumstances, even if not foreseen by the parties, ‘may not be invoked as a ground for terminating or withdrawing from the treaty’ ( Treaties, Termination ). Hence, the principle of pacta sunt servanda prevails unless the treaty’s ‘stipulations come to place an undue burden on one of the parties as a result of a fundamental change of circumstances’ ( 1966 YBILC 258 para. 6 ). This is the case if the following conditions are cumulatively...