DiKE Die clausula rebus sic stantibus im Völkerrecht

The doctrine of clausula rebus sic stantibus runs like a red thread through the history of interstate relations. While it has experienced turbulent times in the past, it has become increasingly quiet since its incorporation into the Vienna Convention on the Law of Treaties in 1969. This raises the question of whether the positivization of clausula rebus sic stantibus has eliminated its practical applicability. In earlier times, it was primarily used as a threat to escape from an undesirable contract, but today it is available in the form of Article 62 of the VCLT, provided all its strict prerequisites are met and it is now applied lawfully. This transformation from a diffuse mechanism to a fully-fledged legal remedy will be illustrated in this work. Its current significance will be explained not only through its historical background but also by demonstrating its necessity and lawful applicability in contemporary international law.