Келісімдерді өзгертуге қатысты "rebus sic stantibus" доктринасы

Legal doctrine
Clausula rebus sic stantibus is the legal doctrine allowing for a contract or a treaty to become inapplicable because of a fundamental change of circumstances. In public international law the doctrine essentially serves an "escape clause" to the general rule of pacta sunt servanda (promises must be kept). Because the doctrine is a risk to the security of treaties, as its scope is relatively unconfined, the conditions in which it may be invoked must be carefully noted. This term is related to force majeure and hardship clause.

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 not mentioned by name, The Swiss legal expert Emer de Vattel (1714–1767) was the next key contributor. Vattel promoted the view that 'every body bound himself for the future only on the stipulation of the presence of the actual conditions' and so 'with a change of the condition also the relations originating from the situation would undergo a change'. In November 1923, France moved its customs office to Gex, Ain, provoking the 'Freezones Controversy' with Switzerland. The matter was brought before the Permanent Court of International Justice, and France invoked rebus sic stantibus, but Switzerland argued that the doctrine did not apply in respect of territorial rights. In 1932, the court found in favour of Switzerland on the basis of fact, but it did not reject that rebus sic stantibus might be a valid basis for France's argument. It was the second time rebus sic stantibus had been argued before an international court.