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    Adv Sheetal Saylekar
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    2 views4 pages

    5 6296570678984311204

    Uploaded by

    Adv Sheetal Saylekar

    Copyright:

    © All Rights Reserved
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    Extradition applies to criminal Prosecutucius asses crus suppresses criminality, expulsion order may be issued to any foreign national on a number of grounds, _Q13. What do you understand by State-succession? Explain the obligations of the succeeding state. (@) ee Scanned with CamScanner a * ‘ansetn International Lav, the concept of state suction cotton of Gros. This concept ef Grote: une oe the Spoman Civil law. According to Roman Law, when « person rales eghts and labiities are vested in his heirs Later de the, i i as adopted by Botte in ese of ats ase set ty the tals of International teatien, tat Seg to sucession have developed. saat af State Succession Normally, state succession means the substitution of aofher state over the territory of any state, This is indicative of ‘ander of rights and liabilities due to state succession from one tensational person to another. : ‘According to Oppenheim, “Succession of internation ‘oocurs when one or more international persons take the pitce of another international persons in consequence of certain thangs in the latter's condition. ‘Acsate which gets substituted in place of another state is Jnown as successor state and also called New State in some cases. ‘The sate wich is substituted for is known as predecessor state The state succession indicates that the state which is” ‘ubsivted for another state such succeeding state gets all rights and labs of predecessor state. Types of State Succession State succession may be of two types: (1) Universal Succession, and (i) Partial Succession. When the existence of a state comes to an end completely, 4d bis place is taken by another international person (state), ‘ten tis known as universal or complete succession. In 1990, the ‘REWE of German Democratic Republi with German Federal Ferublic ind consequent integration of Germany is & £00 ‘inal of universal or eomplete succession. idhesh ‘esoring to Oppenheim, “When 2 state ig divided 20 ImenutsLinto many parts, some of them take the shape of 2” ““teatisoal person while others are taken into posse Public International Law and Human Rights ‘The partial succession takes place when any past of orginal territory of state is separate and the control of soverigaty of ‘original state is affected to that extent to which that part bevosies independent. Si ly, due to division of any state, a state is divided into two or more territories. Then it is also known as, partial succession. In 1991, the separation of Antonia, Latvia, Lithuamia and in January 1993, the division of Czechoslovakia, into Czech and Slovak are good examples of partial succession. To launch opposition against Pakistan by Bangladesh and to become Independent country is also a good example of partial succession, Consequences of State Succession Now we! consider the consequences of state succession. Tn. State succession, the successor state gets many rights and bears ‘many Uabllties. The study of these rights, duties and liabilities ccan be made under the following headings: G) Political Rights and Duties Oppenheim is of the clear view that “when one state takes place of the original state by succession then successor state oes not get political rights and dutics of original stare in ‘succession. In other words, it can be said that when the existence ‘of any state vanishes due to merger of that state into other state ‘hen all treaties executed by the vanishing state becomes wall and wid. Therefore, the successor state does not become bound by the political treaties of former state. She is not even bound by the {eaties of peace and nautrality. Further, treaties of extradition are not binding upon the new state (2) Local Rights and Duties ‘As we have seen that political rights are not acquired in succession but local rights and duties are definitely acquired, Rights and Tabilities arise in local land, rivers, roads, railways med establishments. The treaties executed by vanishing state relating to roads, rivers and means of transportation provide all rights ant duties to new state Scanned with CamScanner () Public Debt ie dare diferent opinions of jurists repartee public debt, Acting to Oppentielm, succeasion APPS ease of debt Arcos and debs iy the assets of YANG tate west i ‘nancial a oid debts can not be recovered fom 26 state personally. Serie is of the opinion tat If he scenson tt accepts the bonefis of vanishing state then she & MOCAY ‘pound to accept Tee en of old state. When susecssion thes Pe peacefully the Pipe debes are also accepted $8 proportion © benefits. ‘some jurists are of the view that to pay or not to pay debts of old om depends pon the wilingnoss of 06% 2%, while of old sae ee view that i the debt bas been ken for the seecteparent of the state, if should be Fait 1 contract executed by

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