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fundamental
[
Global Index
]
PREAMBLE
[
go to this PREAMBLE
]
... Considering the
fundamental
role
of
treaties
in the
history
of
international relations
, ...
... Having in
mind
the
principles
of
international law
embodied in the
Charter of the United Nations
, such as the
principles
of the
equal rights
and
self-determination
of peoples, of the
sovereign equality
and
independence
of all
States
, of non-
interference
in the
domestic affairs
of
States
, of the
prohibition
of the
threat
or use of
force
and of
universal
respect
for, and
observance
of,
human rights
and
fundamental freedoms
for all, ...
ARTICLE-46
: Provisions of internal law regarding competence to conclude treaties [
go to this ARTICLE
]
... 1. A
State
may not invoke the
fact
that its
consent
to be bound by a
treaty
has been expressed in
violation
of a
provision
of its
internal law
regarding
competence
to conclude
treaties
as
invalidating
its
consent
unless that
violation
was manifest and
concerned
a
rule
of its
internal law
of
fundamental
importance. ...
ARTICLE-62
: Fundamental change of circumstances [
go to this ARTICLE
]
...
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: ...
... 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
. ...
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