| 释义 |
‖ rebus sic stantibus, phr.|ˈreɪbəs sɪk ˈstæntɪbəs|
[mod.L.]
Things standing thus; provided that conditions have not changed; spec. in International Law the principle that a treaty lapses when conditions are substantially different from those which obtained when it was concluded; clausula rebus sic stantibus [clausula], a clause to this effect.
[1598A. Gentili De Iure Belli Libri Tres iii. xiv. 599 Et tandem facto, ac silentio hîc quoque, vt in priuatis, dices ratificari foedus... Item excipitur de rerum statu immutatio. Si mutatio nequit praeuideri. Etiam & adiecto iureiurando subintelligi clausula, Rebus sic stantibus. 1760tr. de Vattel's Law of Nations I. ii. xvii. 230 The only state of things, on account of which the promise is made, is essential to it, and the change of that state alone can lawfully hinder or suspend the effect of that promise. This is the sense which ought to be given to that maxim of the civilians, Conventio omnis intelligitur rebus sic stantibus.] 1849R. Wildman Institutes Internat. Law I. iv. 175 The doctrine, that every treaty implies a condition of defeasance on any material change of circumstances, which is usually called the rule de rebus sic stantibus, is rejected by Grotius and Bynkershoek as calculated to destroy the obligation of all compacts. 1883Wharton's Law-Lex. 693/2 Rebus sic stantibus, at this point of affairs. 1927Amer. Jrnl. Internat. Law XXI. 509 The principle of rebus sic stantibus was invoked by Austria-Hungary in 1908 as a justification..for the annexation of Bosnia and Herzegovina. 1939E. H. Carr Twenty Years' Crisis xi. 233 International lawyers evolved the doctrine that a so-called clausula rebus sic stantibus was implicit in every treaty, i.e. that the obligations of a treaty were binding in international law so long as the conditions prevailing at the time of the conclusion of the treaty continued, and no longer. 1973I. M. Sinclair Vienna Convention on Law of Treaties iv. 105 All international lawyers are aware of the pitfalls surrounding the application of the clausula rebus sic stantibus and the controversies which have raged as to its admissibility as a ground for the unilateral denunciation or termination of a treaty. 1975D. Fisichella in S. E. Finer Adversary Politics & Electoral Reform iii. 264 It seems probable that the second ballot would create ‘rebus sic stantibus’ further incentives to manipulation from outside and therefore increased factionalization. |