Under the doctrine of CHANGED CIRCUMSTANCES (rebus sic stantibus) in customary international law, treaties may be set aside only where the change:
Ais any minor change, however small, in geopolitics or economy (cf. VCLT Article 62; Gabčíkovo–Nagymaros Project (Hungary/Slovakia), 1997 ICJ Rep 7) (cf. VCLT Article 62; Gabčíkovo–Nagymaros Project (Hungary/Slovakia), 1997 ICJ Rep 7)
Binvolves only economic factors and never political ones (cf. VCLT Article 62; Gabčíkovo–Nagymaros Project (Hungary/Slovakia), 1997 ICJ Rep 7) (cf. VCLT Article 62; Gabčíkovo–Nagymaros Project (Hungary/Slovakia), 1997 ICJ Rep 7)
Cis preferred by one party for any political reason whatsoever (cf. VCLT Article 62; Gabčíkovo–Nagymaros Project (Hungary/Slovakia), 1997 ICJ Rep 7) (cf. VCLT Article 62; Gabčíkovo–Nagymaros Project (Hungary/Slovakia), 1997 ICJ Rep 7)
Dwas unforeseen, the original circumstances were an essential basis of consent, AND the change radically transforms the extent of obligations (very narrow standard) — codified in VCLT Article 62
Answer & Solution
Correct answer: D. was unforeseen, the original circumstances were an essential basis of consent, AND the change radically transforms the extent of obligations (very narrow standard) — codified in VCLT Article 62
1. The customary doctrine of REBUS SIC STANTIBUS is codified in VCLT Article 62, restricting its application very narrowly.
2. The conditions: (i) the change is FUNDAMENTAL; (ii) UNFORESEEN; (iii) original circumstances constituted an ESSENTIAL BASIS of consent; (iv) the change RADICALLY TRANSFORMS obligations still to be performed.
3. The ICJ in Gabčíkovo–Nagymaros Project, 1997 ICJ Rep 7, applied the doctrine strictly — finding that Hungary had not met the demanding standard.
4. Cannot apply to boundary treaties.
5. Hence option B is correct.
_Source: UN Charter 1945 / Vienna Convention on Law of Treaties 1969 / Geneva Conventions 1949 / ICJ Statute / UDHR ICCPR ICESCR — VCLT Article 62; Gabčíkovo–Nagymaros Project (Hungary/Slovakia), 1997 ICJ Rep 7_
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