Publıc Internatıonal Law I Deneme Sınavı Sorusu #1200125

The doctrine of "rebus sic stantibus" regarding termination and suspension of treaties implies that:


The operation of a treaty may be suspended for all the parties or for a particular party according to the express stipulations of the treaty or by mutual consent of all the parties at any time.

Where a treaty is silent on the matter of termination, withdrawal or denunciation, normally no denunciation or withdrawal is possible.

A treaty may be “impliedly repealed,” if all its parties conclude a new treaty relating to the samesubject matter, where it appears from the later treaty that the parties intended that the matter be governed by the new treaty, or its provisions are incompatible with the earlier treaty.

Where a treaty is silent, a violation of a treaty by one party may give the right to other party to abrogate or suspend the performance of its obligations under the treaty.

Treaties that are perpetual in nature and silent on the termination or withdrawal may be revoked because of vital changes in circumstances.


Yanıt Açıklaması:

Treaties that are perpetual in nature and silent on the termination or withdrawal may be revoked because of vital changes in circumstances. This is based on the principle, traditionally known as conventio omnis intelligitur rebus sic stantibus, that is, treaties are concluded under the tacit condition rebus sic stantibus (literally means “things remaining as they are”). The principle is an express or implied term in every treaty.

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