CLAUZA REBUS SIC STANTIBUS ŞI APLICAREA EI DE CĂTRE JURISDICŢIILE INTERNAŢIONALE

Diana SÂRCU, Stanislav SPLAVNIC Catedra Drept Internaţional şi Drept al Relaţiilor Economice Externe

Rezumat

Public international law generally and law of treatises particularly are not static phenomena. Because international treaties are the main sources of international law, the ignorance of the rebus sic stantibus doctrine would be dangerous for the legal order protected by legal rules of the former. In fact, each state, before becoming part to a treaty, states the premises for which he shall be bound by a treaty, the latter being always based on certain circumstances. The fundamental change of circumstances, in relation with a specific treaty, inevitably will change the scopes, nature and onerousness of the obligations established by it. This effect may aggravate the welfare of its domestic subjects and of the state itself. In the current law of treaties doctrine may be found few subjects more controversial than rebus sic stantibus doctrine. The main issues are based on: 

1) the accurate establishment of conditions of doctrine’s invocation; 

2) the inadmissibility of treaties unilateral withdrawal; 

3) cases when the doctrine may not be applied. 

Through a thorny and controversial process of its development, we express our confidence that the doctrine of rebus sic stantibus serves in favor of global security and international relations, and not otherwise, as it was recently.