landmines, then the sale will be a material breach Trade treaty requires all disputes to be referred to the ICJ One party refuses to appear in the ICJ Probably not a material breach of the object and purpose of the treaty because trade is the main purpose, not showing up at the ICJ Rebus Six Stantibus Fundamental Change of Circumstances (Article 62) – A fundamental change of circumstances which has occurred with regard to those existing at the time of the conclusion of the treaty, and which was NOT foreseen as the parties, may not be invoked as a ground for terminating or withdrawing from the treaty UNLESS The existence of those circumstances constituted an essential basis of the consent of the parties to be bound by the treaty Conditions that were essential and assumed to continue when the treaty was made are not the same The effect of the change is radically to transform the extent of obligations still to be performed under the treaty EXCEPTIONS A fundamental change in circumstances may not be invoked as a ground for terminating or withdrawing from a treaty If the treaty establishes a boundary 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 Controversial Provisions Showing CONSENT is NOT everything as to a State’s legal obligation Obligation not to defeat the object and purpose of a treaty prior to its entry into force (Article 18) A state is obliged to refrain from acts which would defeat the object and purpose of a treaty when It has signed the treaty of has exchanged instruments constituting the treaty subject to ratification, acceptance, or approval, until it shall have made its intention clear not to become a party to the treaty OR It has expressed its consent to be bound by the treaty, pending the entry into force of the treaty and provided that such entry into force is not unduly delayed Circumstances in which a treaty can bind a party who has NOT EVEN signed the treaty Rules in a Treaty Becoming Binding on Third-States through Intl’ Custom (Article 38)
landmines, then the sale will be a material breach Trade treaty requires all disputes to be referred to the ICJ One party refuses to appear in the ICJ Probably not a material breach of the object and purpose of the treaty because trade is the main purpose, not showing up at the ICJ Rebus Six Stantibus – Fundamental Change of Circumstances (Article 62) A fundamental change of circumstances which has occurred with regard to those existing at the time of the conclusion of the treaty, and which was NOT foreseen as the parties, may not be invoked as a ground for terminating or withdrawing from the treaty UNLESS The existence of those circumstances constituted an essential basis of the consent of the parties to be bound by the treaty Conditions that were essential and assumed to continue when the treaty was made are not the same The effect of the change is radically to transform the extent of obligations still to be performed under the treaty EXCEPTIONS A fundamental change in circumstances may not be invoked as a ground for terminating or withdrawing from a treaty If the treaty establishes a boundary 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 Controversial Provisions Showing CONSENT is NOT everything as to a State’s legal obligation Obligation not to defeat the object and purpose of a treaty prior to its entry into force (Article 18) A state is obliged to refrain from acts which would defeat the object and purpose of a treaty when It has signed the treaty of has exchanged instruments constituting the treaty subject to ratification, acceptance, or approval, until it shall have made its intention clear not to become a party to the treaty OR It has expressed its consent to be bound by the treaty, pending the entry into force of the treaty and provided that such entry into force is not unduly delayed Circumstances in which a treaty can bind a party who has NOT EVEN signed the treaty Rules in a Treaty Becoming Binding on Third-States through Intl’ Custom (Article 38)
International%20Law%20Final%20-%20Steinhardt%20-%20Fall%202011.docx