Limping Treaties: Lessons from Multilateral Treaty-Making

Extract

Originally it was suggested that I write about ‘rusty’ treaties – by which was meant ‘old’ treaties that have not been terminated – and their continued relevance in view of the principle of rebus sic stantibus, now enshrined in Article 62 of the Vienna Convention on the Law of Treaties 1969. I did not relish that. There would be problems of definition: when can a treaty be said to be ‘old’? Also, I remain sceptical about the usefulness of the fundamental change principle, being of the view that it is of little real importance. Although invoked many times, so far no international tribunal has applied it. The editors therefore kindly agreed that I could instead write about treaties of a universal character, in that they are open to universal participation, but which are ‘limping’.