Public International Law Content
Concept of State Succession
State Succession and Succession of Government, different terminology.
• State Succession.
– Transmission of rights or obligations from states.
– which have altered to lose their identity to other states or entities,
– Because of complete or partial changes of sovereignty.
– Such replacement should be in confirmity of international law
• 1978 Vienna Convention on Succession of States in respect of Treaties (22 parties only)
• 1983 Vienna Convention on Succession of States in respect to State property, archives and debts (not yet in force)
– Art 2 of both conventions
– Succession of states
– to mean the replacement of one state by another in the responsibility for the international relations of the territory.
must be permanent displacement of sovereignty and not merely temporary change in the authority.
– For example, change in authority during armed conflict, the occupation does not amount to state succession.
• State Succession
– Analogies of private law
– Death or bankruptcy – rights and obligation pass from extinct or incapable person to other individuals
• No general principle in international law of succession.
Legal Problem post succession:
– Is the successor state bound by all or any treaties of predecessor?
– Do habitats automatically change nationality?
– Is successor affected by international claims
involving the predecessor?
– Predecessor’s national debt and other obligations under the system?