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Clausula Rebus Sic Stantibus
(redirected from Rebus sic stantibus)

   Also found in: Legal, Wikipedia 0.01 sec.
Clausula Rebus Sic Stantibus 

a direct or implied condition in a treaty that the treaty will remain in force for as long as the circumstances under which it was made remain unchanged.

Clausula rebus sic stantibus substantiates the legality of a refusal to continue to observe a treaty or its individual provisions. It became established as a principle of bourgeois law in the 19th century as a counterbalance to the earlier principle of the “unchangeability of treaties.” To preserve the stability of international obligations, the reservation can be applied only in instances of unquestionable and exceptionally serious grounds. The 1969 Vienna convention on the law of international treaties stipulates that a fundamental change of circumstances may serve as grounds for withdrawal from the treaty only if changes occurred that could not have been foreseen by the parties when the treaty was signed, if these changes represented an important factor in the agreement, and if the changes materially affected the obligations undertaken by the parties to the treaty.



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The fundamental change of circumstances, otherwise known as the clausula rebus sic stantibus, can be invoked to challenge the validity of treaties and lead to their termination.
1992) (noting that, with regard to treaties, the doctrine of rebus sic stantibus "is necessarily limited, because it is the function of the law to enforce contracts or treaties even if they become burdensome for the party bound by them" and thus "almost all cases in which the doctrine of rebus sic stantibus has been invoked before an international tribunal, the latter, while not rejecting it in principle, has refused to admit that it could be applied in the case before it").
 
 
 
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