Abstract
This chapter discusses the concept of Casus Foederis. Alliances generally provide for the giving of mutual aid by the partner States if circumstances occur which are explicitly or implicitly contemplated in the treaty of alliance: a fact, a situation, a condition, an aggression or a state of war. The occurrence of any of these circumstances is called a casus foederis and results in the partners being called upon to perform their duties. The formulation of the circumstances of the casus foederis in a treaty of alliance and the determination by the partner States of the existence of the casus foederis are therefore of great importance. The casus foederis most frequently inserted into treaties of alliance is the aggression by a third State against one or more partners of the alliance, or the occurrence of a state of war between one partner and a third State. The determination of the existence of the casus foederis rests with each sovereign partner of an alliance. A subjective element cannot be excluded, and the agreeing on the facts may present difficulties.
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