A Renaissance of the Doctrine of Rebus Sic Stantibus?

KFG Working Paper Series, No. 32, Berlin Potsdam Research Group “The International Rule of Law – Rise or Decline?”, May 2019

21 Pages Posted: 7 Jun 2019

See all articles by Julian Kulaga

Julian Kulaga

Humboldt University of Berlin

Date Written: May 1, 2019

Abstract

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. Yet recent practice from States such as Ecuador, Russia, Denmark and the United Kingdom suggests that it is returning with a new livery. They point to an understanding based on vital States’ interests––a view popular among scholars such as Erich Kaufmann at the beginning of the last century.

Suggested Citation

Kulaga, Julian, A Renaissance of the Doctrine of Rebus Sic Stantibus? (May 1, 2019). KFG Working Paper Series, No. 32, Berlin Potsdam Research Group “The International Rule of Law – Rise or Decline?”, May 2019. Available at SSRN: https://ssrn.com/abstract=3387944 or http://dx.doi.org/10.2139/ssrn.3387944

Julian Kulaga (Contact Author)

Humboldt University of Berlin ( email )

Unter den Linden 6
Berlin, DE Berlin 10099
Germany

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