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All Journal Jurnal Bina Mulia Hukum
Isroni Muhammad Miraj Mirza
Faculty of Law, Universitas Lampung, Lampung, Indonesia
Law, Crime, Criminology & Criminal Justice

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Fundamental Change of Circumstances under Article 62 VCLT: Climate Change, Sea-Level Rise, and the Limits of Treaty Stability Agit Yogi Subandi; Isroni Muhammad Miraj Mirza; Sona Asnawi
Jurnal Bina Mulia Hukum Vol. 11 No. 1 (2026): Jurnal Bina Mulia Hukum Volume 11 Number 1 September 2026
Publisher : Faculty of Law Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24198/jbmh.v11n1.2154

Abstract

Climate change and sea-level rise increasingly challenge the stability of international treaty obligations by altering the factual circumstances upon which treaties are based. This raises legal questions concerning the applicability of Article 62 of the 1969 Vienna Convention on the Law of Treaties (VCLT), which regulates fundamental change of circumstances as a limited exception to pacta sunt servanda. This article examines whether climate change and sea-level rise may satisfy the legal threshold of fundamental change of circumstances under Article 62 VCLT. The novelty of this study lies in its analysis of climate change and sea-level rise as contemporary challenges to treaty stability by assessing the elements of unforeseeability, essential basis of consent, and radical transformation of treaty obligations. This research uses a normative legal method with a juridical-dogmatic approach, relying on Article 62 VCLT, international jurisprudence, doctrinal commentaries, and contemporary legal materials on climate change and sea-level rise. The study finds that climate change and sea-level rise may reinforce the contemporary relevance of Article 62 VCLT, but do not automatically satisfy its requirements. Article 62 should therefore be understood as a narrow mechanism for exceptional treaty adaptation, not as a general basis for avoiding treaty obligations.
Co-Authors Agit Yogi Subandi Sona Asnawi