A RENAISSANCE OF THE DOCTRINE OF REBUS SIC STANTIBUS ?
2020; Cambridge University Press; Volume: 69; Issue: 2 Linguagem: Inglês
10.1017/s0020589320000032
ISSN1471-6895
Autores Tópico(s)Global Peace and Security Dynamics
ResumoAbstract 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.
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