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Because the doctrine is a risk to the security of treaties, as its scope is relatively unconfined, the conditions in which it may be invoked must be carefully noted. If the parties to a treaty had contemplated for the occurrence of the changed circumstances, the doctrine does not apply and the provision remains in effect. Clausula rebus sic stantibus relates to changed circumstances only if they had never been contemplated by the parties.
Although it is clear that a fundamental change of circumstances might justify terminating or modifying a treaty, the unilateral denunciation of a treaty is prohibited. A party does not have the right to denounce a treaty unilaterally. According to Polybius, in 211 BC, Lyciscus of Acarnania argued that the Lacedaemonians should abandon their treaty with the Aetolian League because of fundamentally changed circumstances.
Elizabeth I of England sought to amend the 1585 Treaty of Nonsuch on the grounds of fundamentally changed circumstances, but her efforts have not been well regarded by modern jurists.
In 1886, Russia terminated the arrangement, partly on the grounds of a fundamental change in circumstances. Bulwer Treaty with the United Kingdom.