rebus sic stantibus

Latin · REE-bus sik STAN-tih-bus · International law

Meaning. The principle that a treaty may end when the circumstances on which it was based change fundamentally.

Literally “things standing thus”. It is the exception to pacta sunt servanda. Article 62 of the Vienna Convention on the Law of Treaties, 1969 allows a party to invoke a fundamental change of circumstances to end or suspend a treaty only if (a) those circumstances were an essential basis of the parties' consent and (b) the change radically transforms the obligations still to be performed. It was not foreseen by the parties.

It cannot be used for a boundary treaty, or where the change results from the invoking party's own breach. The ICJ applies it strictly: in the Gabcikovo-Nagymaros case (1997) political and economic changes were held not enough. India is not a party to the Vienna Convention, but the rule is treated as customary international law.

Example

Hungary's plea of rebus sic stantibus failed because the changes it cited did not radically transform the obligations under the 1977 treaty.

In Indian law

Article 62, Vienna Convention on the Law of Treaties, 1969
Gabcikovo-Nagymaros Project (Hungary/Slovakia) (ICJ, 1997)
Fisheries Jurisdiction (UK v. Iceland) (ICJ, 1973)

rebus sic stantibus

Example

In Indian law

See also

Read more in the study notes