State Succession under International LawCircumstances of State SuccessionState succession can arise
in a number of defined circumstances, which mirror the ways in which political sovereignty may be
acquired. They are: Decolonization of all or part of an existing territorial unit: This refers to situations
where the nation partially or completely overcomes itself from the holding of a superior nation.The
dismemberment of an existing State: This refers to a situation when the territory of the predecessor
State becomes the territory of two or more new States who take over it.Secession: This refers to a
situation where a part of the State decides to withdraw from the existing State.Annexation: This refers to
a situation where a State takes possession of another State.Merger: This refers to the fusion of two or
more free States into a single free StateTypes of State Succession In each of these cases, a once-
recognized entity disappears in whole or in part to be succeeded by some other authority, thus
precipitating problems of transmission of rights and obligations. There are two types of State succession
and they are discussed below:Universal SuccessionThis is also referred to as Total Succession. When the
entire identity of the parent State is destroyed and the old territory takes up the identity of the successor
State, it is known as Universal Succession. This can happen in cases
of:MergerAnnexation,SubjugationPartialSuccessionPartial Succession occurs when a part of the territory
of the State gets severed from the parent State. This severed part now becomes an independent State. This
can occur when there is a civil war or a liberalization war. Two important examplesOne is the separation
of Pakistan from India.,The other is the separation of Bangladesh from Pakistan.Theories of State
SuccessionUniversal Succession TheoryThis is the oldest theory of succession propounded by Grotius,
using the Roman analogy of succession on the death of any natural person. According to this theory, the
rights and duties of the old State In fact, there are two justifications behind this theory. First that the State
and the Sovereign gain all their power from God and a mere change in Government shouldn’t cause any
change in the powers. Second, it is permanent and nothing can cause it to secede. Popular Continuity
TheoryThe Popular Continuity Theory can be described as another version of the Universal Succession
theory that was propounded by Fiore and Fradier following the unification of the German and Italian
nationals. According to this theory, the State has a Political personality: It basically refers to the rights
and obligations of the State towards the government. Social personality: lt basically refers to the territory
and the population of the State. OrganicSubstitutionTheoryAccording to this theory, the rights and
duties of the State continue even after succession by another State. Von Gierke had published a paper in
1882 regarding The execution of rights and obligations of a social body after its dissolution. It was from
here that Max Huber derived his organic substitution theory. Huber drew the analogy that the problem of
State succession was similar to that of dissolution of a social institution.Self Abnegation TheoryThis
theory was propounded in 1900 by Jellinek and is another version of the universal theory of continuity.
According to Jellinek, the successor State agrees to observe the rules of international law and performs
the obligations towards other States created under theNegative TheoryThis theory was developed during
the mid-19th and early 20th centuries. After World War II, the jurists of the Soviet Nations started
emphasizing on the right of self-determination and on giving complete freedom to the States to maintain
their international relations. According to this theory, the successor State doesn’t absorb the personality of
the predecessor State in its political and econom interests. Communist Theory According to the
Communist Theory of State Succession, a successor State is burdened by the economic and political
commitments of the predecessor.Political Rights and DutiesNo succession takes place with regard to
political rights and duties of the States. The peace treaties or the treaties of neutrality entered into by the
previous State aren’t binding on the new State. But the only exception here is in case of human rights
treaties since it would be desirable for the new State to adhere to such terms. Other than this, the new
State would have to enter into new political treaties of its own.
