The Fundamental Change of Circumstances from the Viewpoint of the Shi'ite and Sunni Exegesis

The international law system, while emphasising the importance of the pacta sunt servanda (agreements must be kept), has assigned a rule called Fundamental Change of Circumstances in relation to treaties. Based on this rule, states may withdraw from a treaty that they have concluded with other states if any 'fundamental change' occurs that was not present at the time of consummation. In this paper, the rule of 'Specific change of Circumstances' has been proved using legal commentary methodology, or stated more precisely, the title of 'equity and justice' is not a valid principle according to Shi'ite and Sunni exegetes, as this rule contradicts the 'principle of reciprocity'. The principle of reciprocity is the product of mutual consent, which is disregarded in 'Fundamental Change of Circumstance'. The initial violation of treaty is the first step towards the 'fundamental change', based on the opinions of both Shi'ite and Sunnite exegetes.