- 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:
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- (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:
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- (a)if the treaty establishes a boundary; or
- (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.
