СУШТИНСКА ПРОМЈЕНА ОКОЛНОСТИ КАО ОСНОВ ПРЕСТАНКА УГОВОРА У МЕЂУНАРОДНОМ ЈАВНОМ ПРАВУ
FUNDAMETAL CHANGE OF CIRCUMSTANCES AS A BASIS TERMINATION OF TREATY IN INTERNATIONAL PUBLIC LAW

Summary/Abstract: There are treaty that don’t define the moment of termination of contract action (eg “eternal agreements”) and don’t contain any provisions on the review although they are concluded for a particular time period. In these treaty may be that during a certain period of time in which the treaty needs to be executed, changed circumstances occur which could not be foreseen at the time of the treaty and which substantially impede the fulfillment of the obligations of a state. In these situations, the state relied on the clause rebus sic stantibus to terminated a treaty or requested review of the treaty although the treaty was not provided, and in that way treaty’s clauses adapted to new circumstances. Legal nature of the clause rebus sic stantibus in the doctrine of public international law belongs to one of the most controversial, central and difficult issues. There are totally opposite views on whether the rule of rebus sic stantibus a legal rule or not. In theory, a lot of discussion on this subject and there are many papers and legal structures. The fundamental change of circumstances (clause rebus sic stantibus) is one of the grounds for termination of treaty action as such is adopted in the Vienna Convention on the Law of Treaties. In this work we present the concept, origin and historical development of rebus sic stantibus rules, or rules of fundamental change of circumstances, then we explain the legal nature and validity of the positive legal rules with the practice of international courts.

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