Deliberately inflicting on the group conditions of

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Unformatted text preview: mination of the treaty or withdrawal of a party in accordance with the terms of the treaty. 2. Extinction of one of the parties to the treaty. 3. Mutual agreement of all the parties to terminate the treaty. 4. Denunciation of the treaty by one of the parties. 5. Supervening impossibility of performance. 6. Conclusion of a subsequent treaty inconsistent between the same parties. 7. Violation of the treaty by one of the parties. 8. Doctrine of rebus sic stantibus 9. Outbreak of war between the parties to the treaty. 10. Severance of diplomatic or consular relations 11. The emergence of new peremptory norm of general international law renders void and terminates any existing treaty in conflict with such norm. Q: What is the doctrine of rebus sic stantibus? A: It states that a fundamental change of circumstances which determined the parties to accept a treaty, if it has resulted in a radical transformation of the extent of the obligations imposed by it, may under certain conditions, afford the party affected a ground to invoke the termination of the treaty. The change must have increased the burden of the obligations to be executed to the extent of rendering performance essentially different from the original intention. Q: What are the requisites of rebus sic stantibus? A: PRUTIS 1. The change must not have been caused by the Party invoking the doctrine 2. The doctrine cannot operate Retroactively, i.e., it must not adversely affect provisions which have already been complied with prior to the vital change in the situation 3. The change must have been Unforeseen or unforeseeable at the time of the perfection of the treaty 4. The doctrine must be invoked within a reasonable Time 5. The duration of the treaty must be Indefinite 244 The change must be so Substantial that the foundation of the treaty must have altogether disappeared Q: When can the principle of rebus sic stantibus not be invoked as a ground for terminating or withdrawing from a treaty? A: 1. If the treaty establishes a boundary...
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This document was uploaded on 03/12/2014.

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