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ABSTRACT
A treaty, which at the moment of its concluding seemed necessary and just, may become in time futile and abusive. The relative power of contracting states may be altercated, their intellective basis and the morality support are changed, the treaty doesn't correspond anymore to their obligations, their rights and certain interests. Thus, by changing circumstances the treaty will oppose the natural force of things, and the reasons of its existence will disappear. The trial of sustaining it will be useless because it will crash on its own and the circumstances will force the state in its official abrogation. The transposition of the idea rebus sic stantibus in the area of international relations wasn't made until the 19th century, but also during antiquity.
Keywords: execution of the treaty, effects, priority, international law
1. Introduction
One of the problems that needs to be analyzed in detail is represented by the "rebus sic stantibus", because its practical applicability represents a delicate and controversial process. This clause is appreciated in the doctrine in order to sustain certain situations of ending the effects of int ernational treaties.
Diplomatic relations of en mention situations of invocation of the clause rebus sic stantibus, confirming the right of the parties to cease a treaty on reasons of change of circumstances.
The concept rebus sic stantibus has its origin in antiquity and the justice of its apparition is questioned by researchers. It has been affirmed that during the roman age the clause rebus sic stantibus was a part of the so called judicial arguments the roman state or other groups of power ofthe state used to justify their behaviors in not obeying a pact. In other words, the applicability of the clause contravened the general law principles pacta sunt servanda.
The doctrine of the clause rebus sic stantibus was incorporated in the Havana Convention fom 1928; according to article 18 of the Convention the apparition of an exterior event may justify the ceasing of a treaty, but only an amiable ways directly by the member states and on a jurisdictional plan.
According to the rule rebus sic stantibus extraordinary circumstances may determine the ceasing of a treaty. These circumstances may be represented by concrete violation of a treaty by one ofthe...