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State Succession

This document discusses state succession in international law. State succession occurs when a new state is formed from part of an existing state's territory, or an existing state acquires new territory. It involves the transmission of rights and obligations from the predecessor state to the successor state. There are different theories on how much the successor state should be responsible for the predecessor's rights and obligations. State succession can arise in various situations, such as when part of State A becomes part of State B, or State A divides into new states. The categories of state succession and emergence of different rights and obligations in the successor state are also outlined.

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1K views3 pages

State Succession

This document discusses state succession in international law. State succession occurs when a new state is formed from part of an existing state's territory, or an existing state acquires new territory. It involves the transmission of rights and obligations from the predecessor state to the successor state. There are different theories on how much the successor state should be responsible for the predecessor's rights and obligations. State succession can arise in various situations, such as when part of State A becomes part of State B, or State A divides into new states. The categories of state succession and emergence of different rights and obligations in the successor state are also outlined.

Uploaded by

zershan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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STATE SUCCESSION

1. Introduction
In international law it often happens that an existing state acquire new territory or a
new state formed from existing part of a states. In this manner the new state or the
acquiring state succeeds to retain rights, title, interest and obligations of the succeeded
territory. This called a state succession. It simply means transmission of rights and
obligations of states which have altered or lost their identity to other states or entities.
2. Meaning of State Succession
Process of succeeding the rights and duties of another
Also it is the act of becoming entitled as the legal beneficiary in property of
the predecessor state.
3. Definition of State Succession
According to Article 2 (! of "ienna con#ention on state Succession 1$%& ,
"succession of tates" means the replacement of one tate by another in the
responsibility for the international relations of territory!
According to O''en(ei), "A succession of International persons occurs
when one or more international person, in consequence of certain changes in
the later#s conditions.$
*. Succession +(en Arises
The question of succession arises when there is change in sovereignty of the state, it
may be
Part of state A becomes incorporated in the territory of state %.
tate A divided into ,- C- and D.
ome Part of state A formed as a new state
tate A- , and C agreed to form a federal state under title of tate ..
If state A incorporated into tate , , this incorporation extinguished the
independence and title of state A

/. Categories of State Succession
The change of sovereignty demands a reasonableness and &ustice towards rights and
obligations of predecessor state that how much should it be responsible' (ollowing
are the general principles regarding the rights and obligations for the successor.
)*+ATI,* T-*./0
It was the opinion of 12th century &urists that "The sovereignty of the predecessor
state over the absorbed territory is abandoned$
I3P./TI)+ I)T*/)ATI.)A4 4A5 T-*./0
International 4aw is based on the positive practice of states. It directs the successor
state to discourage certain of its acts and vest certain rights.
6.337)IT T-*./0
That the economic and political obligations do not burden the successor
T-*./I* .( 6.)TI)7IT0
This theory is based upon four dimensions
7niversal uccession Theory
Popular continuity theory
.rganic substitution theory
elf abrogation theory
0. E)ergence of 1ig(ts
8. Local Rights and duties-- 9uty to preserve them
2. Foreign & Local Debts and Fiscal Liability
4ocal 9ebts succeed only in case where interests had utilised otherwise not
binding. (oreign 9ebts succeeded under foreign pressures.
3. Political Duties and ObligationsNo obligation
4. Concession contracts and contractual liabilities
7sually remain as they benefited the succeeded state.
5. Lawit prevail until change
6. NationalityChoice
7. Tort clais Not binding
:. Treaties Under ,ienna 6onvention of uccession of tate 8;<:
Article 8=treaties are not binding on succeeded states.
%. Succession of Me)ers(i'
)o
&. Succession in Organisation
0es i.e., 7).,I6>,I66 etc
$. Conclusion

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