In public international law, clausula rebus sic stantibus (Latin for "things thus standing") is the legal doctrine allowing for treaties
to become inapplicable because of a fundamental change of
circumstances. It is essentially an "escape clause" that makes an
exception to the general rule of pacta sunt servanda (promises must be kept).
Because the doctrine poses a risk to the security of treaties as its
scope is relatively unconfined, it requires strict regulations as to the
conditions in which it may be invoked.
The doctrine is part of customary international law, but is also provided for in the 1969 Vienna Convention on the Law of Treaties
under Article 62 (Fundamental Change of Circumstance), although the
doctrine is never mentioned by name. Article 62 provides the only two
justifications of the invocation of rebus sic stantibus: first,
that the circumstances existing at the time of the conclusion of the
treaty were indeed objectively essential to the obligations of treaty
(sub-paragraph A) and the instance wherein the change of circumstances
has had a radical effect on the obligations of the treaty (sub-paragraph
B).
If the parties to a treaty had contemplated for the occurrence of the
changed circumstance the doctrine does not apply and the provision
remains in effect. Clausula rebus sic stantibus only relates to changed circumstances that were never contemplated by the parties. This principle is clarified in the Fisheries Jurisdiction Case (United Kingdom v. Iceland, 1973).
Although it is clear that a fundamental change of circumstances might justify terminating or modifying a treaty, unilateral denunciation of a treaty is prohibited; a party does not have the right to denounce a treaty unilaterally.
G.R. No. 101538 June 23, 1992
AUGUSTO BENEDICTO SANTOS III, represented by his father and legal guardian, Augusto Benedicto Santos, petitioner,
vs.
NORTHWEST ORIENT AIRLINES and COURT OF APPEALS, respondents.
In lieu thereof, the treaty may be denounced even
without an expressed justification for this action. Such denunciation is
authorized under its Article 39, viz:
Article
39. (1) Any one of the High Contracting Parties may denounce this
convention by a notification addressed to the Government of the Republic
of Poland, which shall at once inform the Government of each of the
High Contracting Parties.
(2) Denunciation shall take effect six months after
the notification of denunciation, and shall operate only as regards the
party which shall have proceeded to denunciation.
Obviously. rejection of the treaty, whether on the ground of rebus sic stantibus
or pursuant to Article 39, is not a function of the courts but of the
other branches of government. This is a political act. The conclusion
and renunciation of treaties is the prerogative of the political
departments and may not be usurped by the judiciary. The courts are
concerned only with the interpretation and application of laws and
treaties in force and not with their wisdom or efficacy.
AUGUSTO BENEDICTO SANTOS III, represented by his father and legal guardian, Augusto Benedicto Santos, petitioner,
vs.
NORTHWEST ORIENT AIRLINES and COURT OF APPEALS, respondents.
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