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| ARTICLE 62: | Fundamental change of circumstances |
1. A fundamental change of circumstances which
has occurred with regard to those existing at the time
of the conclusion of a treaty, and which was not foreseen
by the parties, may not be invoked as a ground for terminating or withdrawing
from the treaty unless:
(a) the existence of those circumstances constituted an essential basis of the consent of the parties to be bound by the treaty; and(b) the effect of the change is radically to transform the extent of obligations still to be performed under the treaty.
2. A fundamental change of circumstances may not be invoked
as a ground for terminating or withdrawing from a treaty:
(b) if the fundamental change is the result of a breach by the party invoking it either of an obligation under the treaty or of any other international obligation owed to any other party to the treaty.
3. If, under the foregoing paragraphs, a party may invoke a
fundamental change of circumstances as a ground for terminating
or withdrawing from a treaty it may also invoke the change
as a ground for suspending the operation of the treaty.
- Referred by:
- ARTICLE 45: Loss of a right to invoke a ground for invalidating, terminating, withdrawing from or suspending the operation of a treaty