Case Title Citation Page on

Memor
Botswana v. Namibia The object and purpose of a treaty are to be interpreted 22
in conformity with the general rules of interpretation
established in international law.

Treaty must be interpreted in good faith, in accordance

with the ordinary meaning to be given to its terms in
their context and in the light of its object and purpose.
Interpretation must be based above all upon the text of
the treaty.
Germany vs. Iceland In order for a change to be considered fundamental 24

if a fundamental change of the circumstances which

induced parties to accept a treaty radically transforms
the extent of the obligations undertaken, this may,
under certain conditions, afford the party affected a
ground for invoking the termination or suspension of the
treaty.
Dorr it would suffice if the value to be gained by further 24
performance is diminished
Mavrommatis The fact or situation must appear objectively essential to 27
both states

The fact that the concessionaire is under an obligation to

form within a short period an Ottoman Company to work
the concession renders his nationality of practically no
importance, his technical abilities and financial
connections being the essential points.
Racke GmbH & Co. v Under customary international law there are no specific 29
Hauptzollamt Mainz procedural obligations pertaining to the termination of
treaties on the abovementioned grounds
Even if such declarations do not satisfy the formal
requirements laid down by Article 65 of the Vienna
Convention, it should be noted that the specific
procedural requirements there laid down do not form
part of customary international law.
Gabckovo- The principle of necessity is part of customary 30
Nagymaros Project international law under the condition that it can be
invoked only on an exceptional basis

The Court further considered that the state of necessity

is a ground recognized by customary international law
for precluding the wrongfulness of an act not in
conformity with an international obligation. It also
considered, moreover, that such ground for precluding
wrongfulness can only be accepted on an exceptional
basis.