State Succession

1. INTRODUCTIO
• 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’.
2. Meaning

• Meaning in common Parlance : - substitution of one state by another -

Transfer of rights and obligation.

• State succession refers to the merging of two or more States. It is

different from government succession in the sense that in
government succession there's a change of government whereas in State
succession the State loses control over its partial or whole territory.
3. Definition
• The Vienna Convention on Succession of States in respect of treaties of
1978,
• Art.2 (1)(b,c,d) –definition
• (b) “succession of States” means the replacement of one State by
another in the responsibility for the international relations of territory;
• (c) “predecessor State” means the State which has been replaced by
another State on the occurrence of a succession of States;
• (d) “successor State” means the State which has replaced another
State on the occurrence of a succession of States;
4. Reasons

• Merger

• Annexation

• Cession

• Decolonization

• Dismemberment

• War
4. Kinds of state succession

• Universal State succession

• Personality of predecessor completely destroyed •

• When state breaks into several part and each part become new state.
Erstwhile Yugoslavia
Successor States of Yugoslavia
4. Kinds of state succession (continued…)

• Partial State succession

• Part of state revolts or after achieving freedom

• Part of state ceded to another

• State loses its part

5. Theories of state succession
• Universal theory
• Successor state enjoys all rights & discharge duties of its parent state.

• Continuity theory
• Succession is substitution plus continuation.

• Negative theory
• Successor state does not succeed personality of predeceased state
6. 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.
7. Consequences of state succession
• Treaties
• Membership of international organization
• Public property
• State archives
• Public debt
• Contracts
• Torts
• Laws
• Nationality
• Private rights.
8. 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.
8. 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 state.
8. 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.
8. 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.
9. 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, 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.
10. 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.
11. 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.
Example: Ottoman Arbitration, 1925: Republic of Turkey had to pay
Ottoman Debt.

Proportionate benefit
• If a country is divided in to many countries the debt become divided
among the successors.
12. 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.
13. Property

• 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.
14. Archives

• 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.
15. 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).

16. 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.
THE END