FUNDAMENTAL CHANGE OF CIRCUMSTANCES IN INTERNATIONAL TREATY LAW.

The doctrine of rebus sic stantibus is a principle in customary international law providing that where there has been a fundamental change of circumstances since an agreement was concluded, a party to that agreement may withdraw from or terminate it. It is justified by the fact that some treaties may remain in force for long periods of time, during which fundamental changes might have occurred. Such changes might encourage one of the parties to adopt drastic measures in the face of a general refusal to accept an alteration in the terms of the treaty. Because the concept was abused in the past, particularly between the two World Wars, Article 62 of Vienna Convention on the Law of Treaties was drawn in restrictive terms. Moreover, this doctrine has been criticized on the grounds that, having regard to the absence of any system for compulsory jurisdiction in the international order, it could operate as a disrupting influence upon the binding force of obligations undertaken by states. It might be used to justify withdrawal from treaties on rather tenuous grounds. The principle has been invoked many times, and is recognized by treaties, but it has not so far been applied by an international tribunal. [ABSTRACT FROM AUTHOR]