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Treaties and Changed Circumstances ( Rebus Sic Stantibus )

1967; Cambridge University Press; Volume: 61; Issue: 4 Linguagem: Inglês

10.2307/2197343

2161-7953

Oliver J. Lissitzyn,

International Law and Human Rights

The problem of a state’s right to cease or limit its performance of the provisions of a treaty on the ground that circumstances have changed is an old one. After centuries of doctrinal discussion, the existence, scope and modalities of such a right remain controversial and perplexing. Its practical importance may at times be exaggerated; but nations dissatisfied with the status quo continue to regard it as a welcome device for escaping from burdensome treaties, while others fear it as a threat to stability and to their interests. Terminology has complicated the problem. Scholars, in efforts to define the asserted right and its scope or to provide a doctrinal basis for its modalities, have resorted to numerous technical labels drawn largely from municipal legal systems. Governments, in asserting the right, have variously employed or refrained from employing such terms as rebus sic stantibus . Terminological diversity has sometimes served to obscure substantive similarities and differences in practice and to divert the attention of scholars from underlying community interests and policies.