DOCTRINE OF REBUS SIC STANTIBUS

Oct 20, 2020

INTRODUCTION

This doctrine provides enforceability of a treaty due to change in fundamental circumstances. This is one of the oldest norms of International law. In Latin, it means "things thus standing". In International law, it serves as an "escape clause" to the rule of pacta sunt servanda which means promises must be kept. This doctrine is a risk of security to treaties as its scope is relatively confined. This doctrine is used in International law, treaty law and debates & disputes. A provision for this doctrine is provided in Article 62 of the Vienna Convention on the Law of Treaties 1969. In this article, there are the grounds of the doctrine, constitution of the doctrine, objections and cases of thi8s doctrine.

ILLUSTRATION

In the article 59 of the Treaty of Berlin (1878) a free port made by Butami. Then Russia, in 1886, terminated the arrangement on the grounds of partial change in circumstances.

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Conclusion