Yu. Romashev

The Clause rebus sic stantibus in Law of International Customs

2020. No. 4. P. 194–215 [issue contents]
The rebus sic stantibus clause is well-known in the theory of international law andallows the parties to the agreement to deviate from their obligations in strictly definedcircumstances. Most researchers consider this clause mainly in the law of internationaltreaties and civil law. In the case of international customs, its role is rarely heard in thedoctrine of international law. However, the clause has an important place in the law ofinternational customs. In our view, the approach should be taken to ensure that the SouthIs a general principle of law common to both domestic law and international law. Underthe influence of the Vienna Conventions on the law of international treaties, as a result ofthe 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 ofinternational treaties and the law of international customs. The relevant specific standardof international law regarding the rebus sic stantibus clause in relation to internationalcustoms has not yet been formed. In the practice of inter-state relations, the generalcustom of international law should be used in relation to this clause, taking into accountthe characteristics of international custom. The main features of the fundamental changein circumstances that constitute a substantial basis for the consent of the parties to theobligatory international custom allowing the parties to deviate from their obligations are: theexceptional and objective nature of such circumstances; the contradiction that arises fromsuch changes between the practices underlying international custom and the patterns ofsocial development, the needs for the development of inter-State relations, and the commoninterests of States. The main consequences of changing circumstances that fundamentallychange 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 whenentering into the relevant legal relations; unjustified burdens, which the party associatedwith 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 ourview, is appropriate to use in the interpretation and application of the general customaryrule of international law in relation to international customs.
For citation: Romashev Yu. S. (2020) The Clause rebus sic stantibus in the Law of International Customs. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 4, pp. 194–215 (in Russian) DOI: 10.17323/2072-8166.2020.4.194.215
Citation: Romashev Y. (2020) Klauzula rebus sic stantibus v prave mezhdunarodnykh obychaev [The Clause rebus sic stantibus in Law of International Customs]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 4, pp. 194-215 (in Russian)
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