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8 - Public International Law - State Succession

State succession occurs when one state replaces another with respect to sovereignty over a territory. Key aspects of state succession include: 1) Rights and duties are transferred from the predecessor state to the successor state, including local rights over land and property, as well as fiscal debts. However, political treaties and obligations do not transfer. 2) The successor state decides whether to honor contracts entered into by the predecessor state, but concessionary contracts relating to local matters are generally considered binding. 3) The nationality of the predecessor state is lost, and nationals gain the nationality of the new successor state. Archives and property located abroad that belonged to the predecessor state also transfer to the successor state

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81 views18 pages

8 - Public International Law - State Succession

State succession occurs when one state replaces another with respect to sovereignty over a territory. Key aspects of state succession include: 1) Rights and duties are transferred from the predecessor state to the successor state, including local rights over land and property, as well as fiscal debts. However, political treaties and obligations do not transfer. 2) The successor state decides whether to honor contracts entered into by the predecessor state, but concessionary contracts relating to local matters are generally considered binding. 3) The nationality of the predecessor state is lost, and nationals gain the nationality of the new successor state. Archives and property located abroad that belonged to the predecessor state also transfer to the successor state

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PUBLIC INTERNATIONAL

LAW

BY –
SURBHI WADHWA
Assistant Professor (Law)
Jiwaji University,
Gwalior
What is state succession-
 Succession is merger or absorption of
one state by another state or states.
 The state succession is distinguished from
gout succession.
 When succession take place than a state
loses fully or a part of it’s territory; while
in government has been changed.

 A succession of international person
(generally states) occurs when one or
more international person take place of
another international person take place of
another international person fully or
partly and all the right and liabilities also
transfer during the succession.

 Art 2 (1) (b) of the Vienna convention on
succession of states in respect of treaties
in 1978 defines the term ‘state
succession” as,” the replacement of one
state by another in the responsibility of
the international relation of territory”.
 The rule of state succession was
incorporated from the Roman law by
Grotious.
 In Roman law when a person dies his
rights and duties are succeeded by his
successors.
 This principle was applied by Grotious in
the International law as well.
 Later on there were certain international
treaties through which the rules of state
succession were developed.
 The law of state succession is still
developing.
Right and duties arising out state
succession

 Political Right and duties: No succession


take place in respect of political duties
and rights. Hence the succeeding state is
not bound by the political treaties of the
former state. State is not bound by the
treaties of place or neutrality entered by
the extinct state.

 Local right and duties: When any
succession take place local right and
duties. i.e. right relating to land, rivers,
roads, railways etc. Also succeed from
extinct (predecessor) state to succeeding
state.
 Permanent court of International Justice
held that private rights do not end by the
changes of sovereignty.
 3. Fiscal property debts: when one or
more international person (state) take
place of another person is called state
succession; in state succession fiscal
property debts also transferred from
extinct state to successor state.
 4. Contracts: Predecessor state entered
into contract, now whether the successor
state is bound by that or not.
 West Rand century Gold Mining Co. Ltd
v. King, it was held that succeeding state
was entitled to decide whether it will
accept the financial obligation of former
state or not if it won’t accept then it
won’t be liable.
 5. Concessionary Contracts : If the
existing state has granted certain
concession like the right to operate oil
mines; laying of railways etc. then such
contract will be binding on succeeding
state, because they are local nature.
 But some of the writers/ Jurists say that
the concessionary contracts are not
binding on succeeding state.
 6. Lows s: Succeeding state will have to
decide whether the law have to decide
whether the will be continue or not.
 7. Unliquidated damages for tort:
Compensation (damages) for unliquidated
damages won’t exist in state succession.
 8. Nationality: National of new state is
gained and nationality of the predecessor
state is lost.
 9. Succession to property in foreign state:
Successor state will not only receive the
property situated with in the territory
but also receive the property exist in
outside the territory which was belonging
to predecessor state.
 10.Succession of state Archives: If no
agreement was concluded in the case of
cession the successor state; the successor
state should receive the part of the
archives necessary for an efficient
administration of the acquired territory
and all other document.
 11. Treaty relations: Art 15 of Vienna
convention” treaties of the predecessor
state are to be territory.

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