Customs, based on the practice of states, were the main source of international law. Two conventions have been proposed in order to govern this area as a matter of international law, the vienna convention on the succession of states in respect of treaties, 1978 and the vienna convention on the succession of states in respect of state property, archives and debt, 1983. Download pdf public debts and state succession free. The formative period in this respect was that of decolonization. It is that the subject is largely conliised and resistant to simple exposition. State succession, then and now, with special reference to. Pdf state succession download full pdf book download. In this article, the author seeks to show that there are important flaws in the international court of justices application of state practice. If a treaty provides that, on the occurrence of a succession of states, a successor state shall be considered as a party to the treaty, that provision takes effect as such only if the successor state. International law states in international law britannica. Affirming that questions of the law of treaties other than those that may arise from a succession of. State succession in international investment law prof yarik kryvoi british institute of international and comparative law prof yarik kryvoi state succession in international investment law 20 october 2017.
According to professor starke, the term state succession means transmission of rights and obligations from states which have altered or lost their identity to other states or entities, such alteration or loss of identity to other state or entities, such alteration or loss of identity occurring primarily when complete or partial changes of. Attempts by the international law commission ilc to codify it in the dying days of decolonization produced two treaties the vienna conventions 1 neither of which has attracted broad participation or been holistically impactful on subsequent practice. The problem of state succession and the identity of states under international law 143 1 introduction if there is one common theme running through all recent literature on the law of state succession. Email citation oconnells reappraisal of state succession. Pdf state succession, a critical analysis farhana razzak. State succession in international transboundary water. The office of the legal adviser publishes the annual digest of united states practice in international law to provide the public with a historical record of the views and practice of the government of the united states in public and private international law. Separation is the creation of the successor states while the predecessor state continues to exist. A successor state often acquires a new international legal personality, which is distinct from a continuing state. However, the practice of states was difficult to identify because it was not recorded. When succession takes place then a state loses itself fully or a part of its territory while in case of govt.
State practice is an important element of international law, both as a key component of customary international law and as a crucial tool for interpreting treaties. The problem of state succession and the identity of states. With the 2011 secession of south sudan from sudan and the international court of justices icj ruling in 2010 on kosovos unilateral declaration of independence, the issue of state secession, and, by extension, the issue of state succession, has recently been much in the news. Nowadays, state succession in respect of treaties is mainly concerned with separation and dismemberment of states. European journal of international law, volume 27, issue 3, august 2016, pages 789812. Digest of united states practice in international law 2017.
There is a succession of states where the territory of one state passes from its supremacy to that of another. Although in recent years the issue of state succession has once again assumed a prominence in international. Selfdetermination and secession under international law. Although in recent years the issue of state succession has once again assumed a prominence in international legal practice, there remains considerable doubt and confusion as to the content and. Perpetuity is not the significance of political entities. Although states are not the only entities with international legal standing and are not the exclusive international actors, they are the primary subjects of international law and possess the greatest range of rights and obligations. Vienna convention on succession of states in respect of treaties. State succession in treaties oxford public international law. Such is its complexity that under customary international law, the matter is governed by two conventions. It analyses the work of the international law commission undertaken in the 1970s and. The principles of state succession under the international law, when we refer to state succession, we take into consideration not only the actual transmission of rights and duties from one state to another but also the continuation of their existence in the hands of the other state. Pdf state succession in respect of treaties and notifications.
South sudan 101 south sudan by referendum, which was conducted on january 2011. There is a risk, therefore, that even this essay, written with the aim of clarification, will. No derogation from articles 6, 7, 8 paragraphs i and 2, 11, 15, 16 and 18 may be made under this provision. Vienna convention on succession of states in respect of treaties new states. Where a staten merges voluntarily into another state or where it is subjugated by another state, the successor state remains one and the same international person, while the predecessor state which has merged or been subjugated becomes totally extinct as an. For example, while the 1978 vienna convention on succession of states in respect of treaties provided, in ac.
According to this theory upon change of sovereignty over a given territory, the new. It was the grotius2, who for the first time propounded this theory by inducting roman law analogy of succession on 3 death of natural person. Succession of states is a theory and practice in international relations regarding successor states. State succession means the replacement of one state by another in the responsibility for the international relations of territory. State succession in respect of human rights treaties, european journal of international law, volume 7, issue 4, 1 january 1996, pages 46948. Any state party to the present covenant availing itself of the right of derogation shall immediately. This is the final report i submitted as rapporteur of the commission on state succession and state responsibility to the tallinn session of the institut of international law. State succession in international law international law. Discusses in detail almost all applicable rules of international law selfdetermination, external intervention, recognition, effectiveness, state succession, the problem of gaps and includes a scrutiny of practices throughout the world. The succession of states in international law represents the substitution between the two countries on the same territory, as a result of the disappearance of a state as a subject of international law the predecessor state and its replacement by a new state the successor state, or other mutations that a territory is likely to experience. Secession, state succession and international arbitration. The concept of international responsibility could be interpreted as a stadium between the internal law and state sovereignty in internal sense, on one hand and the ultimate goal of realistically feasible implementation of the principles of the international law, saliently with coercion as a paramount hierarchical level, on the other. According to the 1978 vienna convention on the topic, the predecessors. A guide to state succession in international investment law provides a comprehensive analysis of state succession issues arising in the context of international investment law.
State succession in municipal law and international law. The issue of state succession continues to be a vital and complex focal point for public international lawyers, yet it has remained strangely resistant to effective articulation. At the time, international law was still in gestation. Unlike states, which possess rights and obligations automatically, international organizations, individuals, and others derive their.
The author examines whether a successor state is bound by the investment treaties and state contracts which the predecessor state had signed with other states and foreign investors before the date of succession. One of the best collections of legal studies on secession. Introduction political entities are subject change changes have come into fore after world war 2nd idea of state succession was introduced by grotius a state which replace another state is called successor state. Fourteen states submitted briefs to the international court of justice in its advisory opinion on kosovo to argue in favor of kosovar secession and independence, based on the argument that international law embraced a principle of remedial secessionexternal selfdetermination in instances of severe oppression by the mother state. A guide to state succession in international investment law by patrick dumberry, published by edward elgar, july 2018. The state which has been replaced is known as parent or predecessor state. Difficulties may result from the change in the political sovereignty over a particular territorial entity for the purposes of international law and.
It shows that practice under the european convention on human rights with regard to the former czechoslovakia provides ample support for the doctrine of automatic state succession in respect of human rights treaties. Article 3 cases of succession of states covered by the present convention the present convention applies only to the effects of a succession of states occurring in conformity with international law and, in particular, with the principles of international law embodied in. State succession in respect of human rights treaties. Succession of states legal definition of succession of states. The succession of states is one of the most complex, challenging and politicized fields of international law.
A guide to state succession in international investment law. International covenant on civil and political rights. The first and perhaps oldest theory of succession of state is that of universal succession theory. Impact on state succession in respect of treaties oxford. Pdf the law of state succession download full pdf book. Against the backdrop of decolonization and the territorial adjustments of the 1990s, the issue of state succession continues to be a vital and complex focal point for public international law. States are governed by the relevant rules of international law. State succession in respect of human rights treaties menno t. Introduction in the absence of consistent state practice, state succession in respect of treaties has long been a rather uncertain field of international law.
Prof yarik kryvoi state succession in international investment law 20 october 2017 prohibition of benefit to an aggressor state a state committing aggression within the meaning of the charter of the. This book provides a comprehensive analysis of state succession issues arising in the context of international investment law. State succession under the law and practice of the. The succession of states is one of the most complex, challenging and politicized problems in international law. State practice is inconsistent and scholarly opinion is virtually unanimous that the principal international legal instrument on the matter, the 1978 convention on state succession in respect of treaties, does. Governments are the agents or representatives of states. This chapter examines practice under the european convention on human rights and under the international covenant on civil and political rights. Succession is primarily a principle of private law, and involves political changes in the state.
Ans succession is merger or absorbtion of one state by another state or states. A successor state is a sovereign state over a territory and populace that was previously under the sovereignty of another state. State succession in intl transboundary water obligations. The author examines whether a successor state is bound by the investment treaties and state contracts which the predecessor state had signed with other states and. The problem of state succession and the identity of states under. International law therefore must address these to ensure its consequences.
Other interests and concerns are involved and the principles of state sovereignty, equality of states and noninterference prevent a universal succession principle similar to domestic law. State succession in international law cannot be confused with succession in municipal law and the transmission of property and so forth to the relevant heir. State succession has always been a complex and controversial subject. State succession in international investment law prof yarik kryvoi. Note, revolutions, treaties and state succession, 76 yale l. State succession in international law oxford bibliographies. State succession in international lawdebt, property and asset. This article examines the question of state succession to bilateral treaties. State succession under the law and practice of the international monetary fund volume 11 issue 1 hans aufricht skip to main content accessibility help we use cookies to distinguish you from other users and to provide you with a better experience on our websites. Vienna convention on succession of states in respect of.
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