DiKE Die clausula rebus sic stantibus im Völkerrecht

The doctrine of clausula rebus sic stantibus runs like a red thread through the history of intergovernmental relations. Although it has experienced turbulent times in the past, it has become increasingly quiet since its inclusion in the 1969 Vienna Convention on the Law of Treaties. The question arises whether the positive application of the clausula rebus sic stantibus has eliminated its practical use. Whereas in earlier times it was used primarily as a threatening gesture to free oneself from an unwelcome treaty, today it is available in the form of Article 62 of the UCCC if all its strict conditions are met and it is now applied lawfully. This transformation from a diffuse mechanism to a fully-fledged legal remedy is to be illustrated by the present paper. In doing so, its current significance is not only explained on the basis of its historical past, but its necessity, and at the same time its lawful applicability, in contemporary international law is presented and underlined.