PRESIDENCY UNIVERSITY

PUBLIC INTERNATIONAL LAW

ASSIGNMENT-2
TOPIC: Essay on the Given Question
NAME: K.A. NITHIN KISHORE
ROLL NO.: 20191BAL0032
SUBMITTED TO: PROFESSOR ANCY P ANTO
DATE OF SUBMISSION: 10.05.2023
COURSE CODE: LAW 120
Question: India gained independence from British rule on August 15th, 1947. Apply the
principles of state succession under the Vienna Convention on succession of states in respect of
state property, archives and debts of 1983 to India after the departure of the British Colonial
authorities. In your analysis consider how India’s succession affected state property, archives and
debts as well as customary rights relating to the territory, public funds, public property and
private and municipal law rights. Also discuss the challenges that India faced in assuming the
rights and obligations of the predecessor state, and how India’s succession was viewed by the
international community. Finally provide your conclusions on the effectiveness of the Vienna
convention in regulating state succession and resolving disputes arising from it.

Introduction
India gained independence from British rule on August 15, 1947. This was a momentous
event, and it had a significant impact on the country's legal and political landscape. One of the
most important consequences of independence was the issue of state succession. Under
international law, when a state ceases to exist, its rights and obligations are transferred to the
successor state. In the case of India, this meant that the country inherited a wide range of assets
and liabilities from the British colonial government.
The Vienna Convention on Succession of States in Respect of State Property, Archives
and Debts of 1983 provides a framework for resolving issues of state succession. The
Convention sets out rules for determining which state succeeds to the property, archives and
debts of the predecessor state. It also addresses the issue of customary rights relating to the
territory, public funds, public property and private and municipal law rights.

Analysis
The application of the principles of state succession under the Vienna Convention to
India after the departure of the British Colonial authorities is a complex issue. However, some
general observations can be made. First, India succeeded to the property, archives and debts of
the British colonial government. This included all assets owned by the British government in
India, as well as all debts owed by the British government to Indian citizens and businesses.
Second, India also inherited a number of customary rights relating to the territory, public funds,
public property and private and municipal law rights. These rights were based on the long-
standing practice of British rule in India. Third, India faced a number of challenges in assuming
the rights and obligations of the predecessor state. One challenge was the sheer size and
complexity of the task. India is a vast country with a diverse population. It was difficult to ensure
that all of the assets and liabilities of the British colonial government were properly transferred
to the Indian government. Another challenge was the lack of clarity in the law. The Vienna
Convention provides a general framework for resolving issues of state succession, but it does not
provide specific guidance on all of the issues that arose in the case of India. As a result, the
Indian government had to make a number of difficult decisions on a case-by-case basis.

State property
Under Article 8 of the Vienna Convention, India succeeded to all property owned by the
British colonial government in India. This included land, buildings, equipment, and other assets.
The Indian government also assumed responsibility for all debts owed by the British colonial
government to Indian citizens and businesses.

Archives
India also succeeded to the archives of the British colonial government. This included all
records of the British government's administration in India. The Indian government used these
records to help it to understand the history of the country and to develop its own policies and
procedures.

Debts
India also succeeded to the debts of the British colonial government. This included all
debts owed by the British government to foreign governments and to international organizations.
The Indian government made arrangements to repay these debts over a period of time.

Customary rights
In addition to property, archives and debts, India also inherited a number of customary
rights relating to the territory, public funds, public property and private and municipal law rights.
These rights were based on the long-standing practice of British rule in India. The Indian
government took steps to codify these customary rights and to make them part of the country's
legal system. This was important in order to ensure that these rights were protected and that they
could be used as a basis for future development.

Challenges
India faced a number of challenges in assuming the rights and obligations of the
predecessor state. One challenge was the sheer size and complexity of the task. India is a vast
country with a diverse population. India is a vast country with a diverse population. It is the
second most populous country in the world, with over 1.4 billion people. The country is also
home to a wide range of cultures, religions, and languages. This diversity made it difficult for the
Indian government to ensure that all of the assets and liabilities of the British colonial
government were properly transferred to the Indian government.
For example, the British colonial government had a large number of assets in India,
including land, buildings, equipment, and other resources. The Indian government had to work to
identify and inventory all of these assets. It also had to work to ensure that the assets were
properly transferred to the Indian government.
The British colonial government also had a large number of liabilities, including debts
owed to foreign governments and to international organizations. The Indian government had to
work to identify and quantify all of these liabilities. It also had decided over a period of time.
It was difficult to ensure that all of the assets and liabilities of the British colonial
government were properly transferred to the Indian government. Another challenge was the lack
of clarity in the law. The Vienna Convention provides a general framework for resolving issues
of state succession, but it does not provide specific guidance on all of the issues that arose in the
case of India. As a result, the Indian government had to make a number of difficult decisions on
a case-by-case basis. The Vienna Convention provides a general framework for resolving issues
of state succession, but it does not provide specific guidance on all of the issues that arose in the
case of India. For example, the Convention does not provide specific guidance on how to deal
with assets and liabilities that are located in disputed territories.
As a result, the Indian government had to make a number of difficult decisions on a case-
by-case basis. For example, the Indian government had to decide whether to assume the debts of
the British colonial government that were owed to foreign governments. The Indian government
also had to decide whether to assume the assets of the British colonial government that were
located in disputed territories.
The Indian government made these decisions in consultation with the international
community. The Indian government also made these decisions in the best interests of the Indian
people.

View of the international community

The international community generally viewed India's succession as a positive
development. The Indian government was seen as a responsible and capable successor state. The
fact that India was a member of the Commonwealth of Nations also helped to ease the transition.
The international community generally viewed India's succession as a positive development.
This was due to a number of factors, including:

• India's long history and culture.

• India's large population and market.

• India's strategic location.

The international community saw India as a potential major player on the world stage, and they
were eager to support India's transition to independence.

The Indian government was seen as a responsible and capable successor state. This was due to a
number of factors, including:

• The Indian government's commitment to democracy and secularism.

• The Indian government's strong economic and military capabilities.
• The Indian government's commitment to international cooperation.

The international community was confident that India would be able to successfully manage the
challenges of independence and would become a valuable member of the international
community.
The fact that India was a member of the Commonwealth of Nations also helped to ease the
transition. The Commonwealth of Nations is a group of 54 countries that were once part of the
British Empire. The Commonwealth provides a forum for cooperation between its members on a
wide range of issues, including trade, development, and security.
India's membership in the Commonwealth helped to ensure that the country would have
access to the support and resources of other Commonwealth members. This support was
invaluable to India as it transitioned to independence.
In conclusion, the international community generally viewed India's succession as a
positive development. The Indian government was seen as a responsible and capable successor
state. The fact that India was a member of the Commonwealth of Nations also helped to ease the
transition.

Conclusion
The Vienna Convention on Succession of States in Respect of State Property, Archives
and Debts of 1983 is a valuable tool for resolving issues of state succession. The Convention
provides a clear and comprehensive framework for determining which state succeeds to the
property, archives and debts of the predecessor state. It also addresses the issue of customary
rights relating to the territory, public funds, public property and private and municipal law rights.
The application of the principles of state succession under the Vienna Convention to
India after the departure of the British Colonial authorities was a complex process. However, the
Indian government was able to successfully assume the rights and obligations of the predecessor
state. The international community generally viewed India's succession as a positive
development.
The Vienna Convention is not without its flaws. However, it is a valuable tool for
resolving issues of state succession. The Convention has been ratified by a large number of
states, and it is widely accepted as a codification of customary international law. This means that the
principles set out in the Convention are generally accepted as binding on all states, even those that have
not ratified the Convention.
 The Vienna Convention is a valuable tool for resolving issues of state succession because
it provides a clear and comprehensive framework for determining which state succeeds to the
property, archives and debts of the predecessor state. It also addresses the issue of customary
rights relating to the territory, public funds, public property and private and municipal law rights.
The Vienna Convention is not perfect, and it does not address all of the issues that can
arise in cases of state succession. However, it is a valuable tool that can be used to help resolve
these issues in a fair and equitable manner.