“[Modus vivendi] is an instrument of toleration looking towards a settlement, by preparing for or laying down the basis of a method of living together with a problem or by bridging over some difficulty pending a permanent settlement. Normally it is used for provisional and interim arrangements which ultimately are to be replaced by a formal agreement of a more permanent and detailed character. There is no clear distinction of a modus vivendi from other treaties. The most distinguishing feature is its provisional character; nevertheless a modus vivendi may be exercised for an indefinite period of time if it is prolonged sine die or if a definitive solution to the problem cannot be reached by treaty. Some ‘temporary’ arrangements have actually turned out to be quite durable.” Walter Rudolf, “Modus Vivendi,” in 3 Encyclopedia of Public International Law 443 (1997).
modus vivendi
modus vivendi (moh-d[schwa]s vi-ven-dIor -dee). [Latin “means of living (together)”] Int’l law. A temporary, provisional arrangement concluded between subjects of international law and giving rise to binding obligations on the parties.
