The Clause rebus sic stantibus in Law of International Customs

Abstract

The rebus sic stantibus clause is well-known in the theory of international law and allows the parties to the agreement to deviate from their obligations in strictly defined circumstances. Most researchers consider this clause mainly in the law of international treaties and civil law. In the case of international customs, its role is rarely heard in the doctrine of international law. However, the clause has an important place in the law of international customs. In our view, the approach should be taken to ensure that the South Is a general principle of law common to both domestic law and international law. Under the influence of the Vienna Conventions on the law of international treaties, as a result of the half-century-old practice of applying their provisions to the rebus sic stantibus clause, this principle is reflected in the customary rule of international law, common to the law of international treaties and the law of international customs. The relevant specific standard of international law regarding the rebus sic stantibus clause in relation to international customs has not yet been formed. In the practice of inter-state relations, the general custom of international law should be used in relation to this clause, taking into account the characteristics of international custom. The main features of the fundamental change in circumstances that constitute a substantial basis for the consent of the parties to the obligatory international custom allowing the parties to deviate from their obligations are: the exceptional and objective nature of such circumstances; the contradiction that arises from such changes between the practices underlying international custom and the patterns of social development, the needs for the development of inter-State relations, and the common interests of States. The main consequences of changing circumstances that fundamentally change the scope of obligations under international custom still to be implemented include: the disappearance or impossibility of achieving the goal that the parties had in mind when entering into the relevant legal relations; unjustified burdens, which the party associated with international custom did not count on, recognizing the relevant international custom, including the emergence of a threat to the vital interests of that party. This approach, in our view, is appropriate to use in the interpretation and application of the general customary rule of international law in relation to international customs.