{"title":"Pride and Perseverance: Strategic Use of Rebus Sic Stantibus in Russian Foreign Policy 1870 – 1950","authors":"Erlend M. Leonhardsen","doi":"10.3790/gyil.63.1.581","DOIUrl":null,"url":null,"abstract":"The paper examines the use of rebus sic stantibus, a claim that a fundamental change of circumstances warrants withdrawal or termination of a treaty, by Russia in three key episodes in Russian foreign policy. These episodes have not been examined together by scholars and have not all been analysed from the perspective of rebus sic stantibus. First, it examines the situation in 1870 when Russia used this approach to obtain the London Declaration, which revised unfavourable terms in the 1856 Treaty of Paris following the Crimean War. Second, it examines the Soviet attempt to terminate or renegotiate the Montreux Convention during and in the aftermath of the Second World War through the use of rebus sic stantibus and, third, it examines the Soviet attempt to renegotiate the Svalbard Treaty through the use of this legal approach. Notably, the analysis shows that these attempts took place during shifts in Russia’s relative power. Given the design of the treaties in question, rebus sic stantibus was one of the only ways to achieve these goals. In addition to providing a thorough study of episodes unexamined from an international legal perspective, the paper may therefore shed light on when rebus sic stantibus is useful and why it is relied on less and less by states today.","PeriodicalId":81610,"journal":{"name":"Jahrbuch fur internationales Recht. German yearbook of international law","volume":"1 1","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Jahrbuch fur internationales Recht. German yearbook of international law","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.3790/gyil.63.1.581","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
Abstract
The paper examines the use of rebus sic stantibus, a claim that a fundamental change of circumstances warrants withdrawal or termination of a treaty, by Russia in three key episodes in Russian foreign policy. These episodes have not been examined together by scholars and have not all been analysed from the perspective of rebus sic stantibus. First, it examines the situation in 1870 when Russia used this approach to obtain the London Declaration, which revised unfavourable terms in the 1856 Treaty of Paris following the Crimean War. Second, it examines the Soviet attempt to terminate or renegotiate the Montreux Convention during and in the aftermath of the Second World War through the use of rebus sic stantibus and, third, it examines the Soviet attempt to renegotiate the Svalbard Treaty through the use of this legal approach. Notably, the analysis shows that these attempts took place during shifts in Russia’s relative power. Given the design of the treaties in question, rebus sic stantibus was one of the only ways to achieve these goals. In addition to providing a thorough study of episodes unexamined from an international legal perspective, the paper may therefore shed light on when rebus sic stantibus is useful and why it is relied on less and less by states today.
本文考察了俄罗斯在其外交政策的三个关键时期使用的“重新立场”(rebus sic stantibus),这是一种主张,即情况发生了根本变化,就有理由撤销或终止条约。学者们并没有对这些情节进行综合研究,也没有全部从复述的角度进行分析。首先,它考察了1870年的情况,当时俄罗斯使用这种方法获得了《伦敦宣言》,该宣言修订了克里米亚战争后1856年《巴黎条约》中的不利条款。其次,它考察了苏联在第二次世界大战期间和之后通过使用重新立法来终止或重新谈判《蒙特勒公约》的企图;第三,它考察了苏联通过使用这种法律方法来重新谈判《斯瓦尔巴条约》的企图。值得注意的是,分析表明,这些尝试发生在俄罗斯相对实力的转变期间。考虑到所涉条约的设计,重新确立地位是实现这些目标的唯一途径之一。除了从国际法律的角度对未被审查的事件进行深入研究外,本文还可能因此揭示出,在什么情况下,法律条文是有用的,以及为什么今天各国越来越少地依赖它。