Simple English definitions for legal terms
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Clausa Rebus Sic Stantibus: This is a fancy Latin term that means a treaty is only binding if things stay the same as they were when the treaty was signed. If things change too much, the treaty might not be valid anymore. This rule can be added to a treaty or it can be assumed to be there even if it's not written down. But it doesn't apply to treaties about borders.
Definition: Clausa rebus sic stantibus is a Latin term used in international law. It refers to a treaty provision that states that the treaty is binding only as long as the circumstances in existence when the treaty was signed remain substantially the same. If there is a fundamental change in circumstances that alters the essential basis for the parties' consent to be bound by the treaty and radically transforms the extent of the parties' performances under the treaty, then the doctrine of clausa rebus sic stantibus may be invoked. However, this doctrine does not apply to treaties establishing boundaries.
Example: Suppose two countries sign a treaty to share water resources from a river. If a drought occurs and the river dries up, then the treaty may no longer be valid because the essential basis for the parties' consent to be bound by the treaty has been altered. In this case, the doctrine of clausa rebus sic stantibus may be invoked to release the parties from their obligations under the treaty.
Explanation: This example illustrates how the doctrine of clausa rebus sic stantibus may be applied when there is a fundamental change in circumstances that alters the essential basis for the parties' consent to be bound by the treaty. In this case, the drought has radically transformed the extent of the parties' performances under the treaty, making it impossible for them to fulfill their obligations. Therefore, the doctrine of clausa rebus sic stantibus may be invoked to release the parties from their obligations under the treaty.