parties, may not be invoked as a ground for terminating or withdrawing from the treaty

unless:

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 between two or more States and one or more

intemational organizations if the treaty establishes a boundary.

3. A fundamental change of circumstances may not be invoked as a ground for

terminating or withdrawing from a treaty 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

intemational obligation owed to any other party to the treaty.

4. 4.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.

Article 63

Severance of diplomatic or consular relations

The severance of diplomatic or consular relations between States Parties to a treaty

between two or more States and one or more intemational organizations does not affect

the legal relations established between those States by the treaty except insofar as the

existence of diplomatic or consular relations is indispensable for the application of the

treaty.

Article 64

Emergence of a new peremptory norm of general interna tio na! law (jus cogens)

lf a new peremptory norm of general intemational law emerges, any existing treaty which

is in conflict with that norm becomes void and terminates.

11 DE DEZEMBRO DE 2020 ______________________________________________________________________________________________________

271