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clausula rebus sic stantibus |
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clausula rebus sic stantibus
The doctrine that there is an implied term or clause in a treaty - the clausula rebus sic stantibus - to the effect that the treaty is binding only for as long as there is no fundamental change in the circumstances which were assumed by the parties at the time of its conclusion. The doctrine finds expression - but not in its Latin form - in the 1969 Vienna Convention on the Law of Treaties. The mere invocation of the doctrine does not serve to invalidate a treaty. Only if no objection is raised by any other party within three months of having received notice of its invocation is the state in question entitled to regard itself as free from the obligations of the treaty. In the event of an objection, procedures for pacific settlement must be instituted. |
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