Rebus Sic Stantium
Scheffler: Rebus Sic Stantibus
THE POLITICIZATION AND DEATH
OF REBUS SIC STANTIBUS
Since 1968, the countries comprising the Organization of Petroleum
Exporting Countries (OPEC), and particularly those bordering the Persian/Arabian Gulf, have been moving toward a markedly different view of their mineral resources. With the recent oil embargo and the concomitant use of petroleum as a "weapon," the transformation is complete; the States involved now consider their natural resources to be a political tool 1 rather than simply an income-producing good. Instrumental in this transformation has been the concept of rebus sic stantibus, and it is the objective of this article to illustrate the use to which the doctrine has been put, and its subsequent demise as an effective legal tool.
I.
THE DOCTRINE
Rebus sic stantibus is a doctrine which, in simple terms, holds that an agreement may, when certain conditions are met, be partially or wholly abrogated. The conditions necessary may be detailed in the agreement itself, but more often the agreement is silent not only as to the particular conditions neces~ary, hut also as to recognition of the doctrine itself.
Primarily for this reason, 3 the progression of the principle into recognized law has been laborious. Grotius first marked it as a viable concept in 1620, 4 but it was not until 1929 that it achieved a place in a written compilation of the law. 5 Since 1929 it has moved through two major codifications, 6 the most recent being in 1969. 7
2
I. "Politics" or "political" should be taken to mean "national": thus, "political goals" refer to such inherently national objectives as economic independence and national self-sufficiency, both of which are avowed goals of the Persian/Arabian Gulf countries under consideration here.
2. Literally, "at this point in affairs; in these circumstances." BLACK'S LAW
DICTIONARY 14:32 (4th ed . 1951).
:3. Primarily, but not exclusively: in all times and in all
THE POLITICIZATION AND DEATH
OF REBUS SIC STANTIBUS
Since 1968, the countries comprising the Organization of Petroleum
Exporting Countries (OPEC), and particularly those bordering the Persian/Arabian Gulf, have been moving toward a markedly different view of their mineral resources. With the recent oil embargo and the concomitant use of petroleum as a "weapon," the transformation is complete; the States involved now consider their natural resources to be a political tool 1 rather than simply an income-producing good. Instrumental in this transformation has been the concept of rebus sic stantibus, and it is the objective of this article to illustrate the use to which the doctrine has been put, and its subsequent demise as an effective legal tool.
I.
THE DOCTRINE
Rebus sic stantibus is a doctrine which, in simple terms, holds that an agreement may, when certain conditions are met, be partially or wholly abrogated. The conditions necessary may be detailed in the agreement itself, but more often the agreement is silent not only as to the particular conditions neces~ary, hut also as to recognition of the doctrine itself.
Primarily for this reason, 3 the progression of the principle into recognized law has been laborious. Grotius first marked it as a viable concept in 1620, 4 but it was not until 1929 that it achieved a place in a written compilation of the law. 5 Since 1929 it has moved through two major codifications, 6 the most recent being in 1969. 7
2
I. "Politics" or "political" should be taken to mean "national": thus, "political goals" refer to such inherently national objectives as economic independence and national self-sufficiency, both of which are avowed goals of the Persian/Arabian Gulf countries under consideration here.
2. Literally, "at this point in affairs; in these circumstances." BLACK'S LAW
DICTIONARY 14:32 (4th ed . 1951).
:3. Primarily, but not exclusively: in all times and in all