A RENAISSANCE OF THE DOCTRINE OF REBUS SIC STANTIBUS?. Issue 2 (April 2020)

• Record Type: Journal Article
• Authors: Kulaga, Julian
• Is Part Of: International and comparative law quarterly. Volume 69:Issue 2(2020)
• Page Start: 477
• Page End: 497
• Publication Date: 2020-04
• Subjects: public international law, -- law of treaties, -- Vienna Convention on the Law of Treaties, -- clausula rebus sic stantibus, -- fundamental change of circumstances, -- vital interests, -- fundamental rights of States, -- legal practice; International law -- Periodicals; Comparative law -- Periodicals; 340.2
• DOI: 10.1017/S0020589320000032
• Languages: English
• ISSNs: 0020-5893

Abstract

Abstract: Once the 'popular plaything of Realpolitiker ' the doctrine of rebus sic stantibus post the 1969 VCLT is often described as an objective rule by which, on grounds of equity and justice, a fundamental change of circumstances may be invoked as a ground for termination of a treaty. Yet recent practice from some States suggests that it is returning with a new livery. They point to an understanding that is premised on vital State interests––a view popular among scholars such as Erich Kaufmann at the beginning of the last century.