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.
 The state which has been replaced is known as ‘parent
or predecessor state’.
Definition and meaning
 Oppenheim’s definition of state succession

 The Vienna Convention on Succession of States in

respect of treaties of 1978 ,Art.2 (1)(a) –definition

 Meaning:
- substitution of one state by another
- Transfer of rights and obligation
Reasons

 Merger
 Annexation
 Cession
 Decolonization
 Dismemberment
 War
Kinds of state succession
Universal State succession
• Personality of predecessor completely destroyed
• When state breaks into several part and each part
become new state.

Partial State succession

• Part of state revolts or after achieving freedom
• Part of state ceded to another
• State loses its part
Theories of state succession
Universal Continuity Negative
theory theory theory
• Successor • Succession is • Successor
state enjoys substitution state does
all rights & plus not succeed
discharge continuation personality
duties of its of
parent state predeceased
state
Law of state succession
 Based upon EQUITY, REASON ,& JUSTICE.
 UNO’s view for codification of law relating to state
succession.
 Recommendation by International law commission in
the year 1949 for codification
 Formation of convention in the year 1978.
 Vienna convention in the year 1983
 Law is still under consideration of UNO.
Consequences of state succession
 Treaties
 Membership of international organization
 Public property
 State archives
 Public debt
 Contracts
 Torts
 Laws
 Nationality
 Private rights.
Rights and duties arising out of
state succession
 Political Rights And Duties: Succeeding State is not
bound by the political treaties of the former state such
as treaties of peace and neutrality.
 Local Rights And Duties: A genuine succession
takes place regarding this i.e. the succeeding state is
bound to observe duties concerning land, rivers,
railways, roads etc
German Settlers In Poland
It was held that private rights do not end by the change
of sovereignty.
Rights and duties arising out of
state succession(continued)
 State Property
Article 11 of Vienna Convention On State Property,
Archieves And Debts, 1983, says that property will pass
to other state without compensation
Article 12 says that property, rights and interest owned by
a third state is not affected. (Rights of third states are
not affected by succession)
Article 13 tells about the duty of the predecessor state to
take all measures to prevent damage and destruction
of the state property which is to be passed to the
succeeding sate.
Rights and duties arising out of
state succession(continued)
 Contracts : Predecessor state entered into contract,
now, whether the successor state is bound by that or
not.
West Rand Central Gold Mining Co. Ltd.
v/s
King
Succeeding state was entitled to decide whether it will
accept the financial obligation of the former state or
not if it won’t accept then it won’t be liable.
Rights and duties arising out of
state succession(continued)
 Concessionary Contracts : Like Digging of mines,
laying of the railways etc. They are of local nature and
that is why they are binding on the succeeding state.
 Laws : Succeeding state will have to decide whether
the laws of the predecessor state will continue or not.
 Nationality : Nationality of the new state is gained
and nationality of the predecessor state is lost.
Treaty Relations
 Vienna convention on Succession of States in respect of
treaties,1978 entered into force-1996
 A.15-treaties of the predecessor state are to be in force in
relation to the territory thus passing
 Treaties of the successor state are to be in force in respect
of the territory thus passing, unless it appears from the
treaty or is otherwise established that the application of
the treaty to that territory would be incompatible with the
object and purpose of the treaty or would radically change
the conditions for its operations.
Contractual Obligations
 The relevant treaties will continue in force.
 ‘Free choice’ doctrine
 Damages for unliquidated damages won’t exist
 If there is any unjust enrichment to the predecessor or
successor state the right and corresponding
obligations may survive.
Public Debts
 Taking the burden with the benefits
 No obligation accrues for a successor state in respect of
a public debt incurred for a purpose hostile to the
successor state or for the benefit of some other state.
 If a country is divided in to many countries the debt
become divided among the successors.
 Ottoman Debt Arbitration, 1925.
 Proportionate benefit
Debts
 Vienna Convention on Succession of States in Respect
of State Property, Archives and Debts, 1983 - NOT IN
FORCE
 Usually all disputes has to be settled by agreements.
 the successor State acquires the whole property of the
predecessor State or States.
 Equitable proportion is to pass to the successor state.
 A.37 -if the successor state is a newly independent
state, no debt will pass unless the agreement otherwise
agrees.
Property And Archives
 Those States should receive not only the whole
property of the predecessor State situated in the
territory of the new State, but also property having
belonged to the territory of the successor State and
situated outside it and having become property of the
predecessor State during the period of dependence.
 If no agreement was concluded, in the case of cession
the successor State should receive the part of the
archives necessary for an efficient administration of
the acquired territory, as well all the documents
relating fully or mostly to the ceded territory.
Succession regarding the
membership of united nations
 No succession regarding that.
 By Fulfilling The Requirements of U.N. a state may
become a member of U.N.
 E.g. India – Pakistan (at the time of Partition)
Conclusion
 Successor State enjoys all rights of its parent State.
 It also discharge all duties.
 State succession can either total or partial
 Need of codified law.
 (LL.M. International Law- Ist year,
Department of Law, University of Pune)
(2012-14)