State Succession

Succession, State

 

in international law, the transfer of rights and duties from one state to another in connection with the transfer of territory or related events, such as the emergence of a new state, the merger of one state with another, the partition of a state, or secession. Contemporary international law recognizes state succession only for lawful territorial changes. In accordance with the principle of nonintervention, domestic state relations are not an object of state succession. State succession does not involve state boundaries: the treaties that established the boundaries and the status of the boundaries preserve their legal force with respect to the successor state.

Questions of state succession are particularly important because a large number of newly independent states have arisen in Asia, Africa, and Latin America with the collapse of imperialism’s colonial system. International law stipulates that these states are not obliged to recognize any treaties that were in effect on their territory at an earlier time. In cases where the successor state was formerly part of a sovereign state, the problem of state succession is to be resolved in accordance with the principle of the continuity of treaties. In such an instance, the only treaties annulled are those whose subject and goals are incompatible with the conditions created by state succession. When part of a territory is transferred from one state to another the principle of “mobility of treaty borders” applies: in the territory being transferred the treaties of the state under whose rule it has come begin to take effect.

The question of state succession is very important when a social revolution has occurred. Thus, the Soviet state reviewed the treaties concluded by Russia before the October Revolution of 1917 in conformity with the principle advanced by V. I. Lenin at the second All-Russian Congress of Soviets: reject all the treaties of former tsarist Russia that gave foreign states an opportunity to plunder the country and recognize the treaties that established good neighbor relations. The Soviet state annulled Russia’s secret annexation treaties, its unequal treaties with Oriental countries, and the loans obtained by the tsarist and Provisional governments in the interest of the classes overthrown by the revolution. This action by the Soviet state promoted the establishment of new, democratic principles in international law.

References in periodicals archive ?
The English topics are advantages and disadvantages of dual citizenship, state succession and nationality, standard setting in the Council of Europe on nationality, citizenship-related cases in the jurisprudence of the European Court of Human Rights, and the pan-American contribution to the international regulation of citizenship.
He has been state regent for the past two years due to his father's ill health and the state succession was seen as paving the way for him to become king.
Among major risks of statelessness in South Sudan, the Study particularly emphasizes state succession, procedural gaps and divergent application of provisions in the Nationality Law for some specific ethnic and minority groups, the lack of a civil registration system, underfunded state institutions as well as ongoing conflict.
A: There is a concept of state succession in international law.
But this does not arise in the case of Cyprus because the principles of state succession are not engaged as the Republic of Cyprus retained sovereignty over the whole island.
Statelessness can be a result of a state succession, ethnic discrimination, religion and gender discrimination, Ariane noted.
Topics addressed include nationality as a human right; statelessness in the context of state succession; nationality and diplomatic protection; and nationality and regional integration in the European Union.
The first example is the law relating to firms and insolvency, mergers and acquisition (2) and the second is the international law of state succession.
OUP said a "rigorous selection process" seeks to include both those cases that are relevant for the identification and interpretation of principles and rules of general international law (jurisdiction, immunities, state succession, etc.) as well as cases relevant for the identification and interpretation of principles and rules of international law in certain functional fields, such as human rights law and international criminal law.
The numerous variations in the creation and destruction of states have resulted in two basic approaches to state succession to treaties.
ANALYSIS OF THE INTERNATIONAL LAW ISSUES: STATE SUCCESSION AND ODIOUS DEBT
By enshrining a doctrine of odious debts as a recognized exception to the rule of state succession, some modern commentators have argued, a successor government would be able legally to repudiate the loans incurred by a malodorous prior regime.

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