Week 13 State succession

Lecture 10

State Succession

  1. What is Succession?

One after the other. The process of inheriting.

  1. What is state succession?

Replacement of one state by the another state over a territory.

  1. When State Succession Occurs?

Territorial Changes of a state

i.e. separation, merger, colonial emancipation.

  1. Issues when state succession occurs

Transfer of Rights

Transfer of Obligations

Transfer of Property

  1. Kinds of State Succession
  1. Universal Succession

Personality of the predecessor completely destroys.

South Africa by UK 1901, Korea by Japan 1910, Austria by Germany1938.

  1. Partial Succession

When part of territory is severed from Parent State.

USA by UK in 1776

Central Asian States by USSR In 1991

Pakistan by British India 1947

Bangladesh by Pakistan 1971

  1. Modes of Succession
  1. Voluntary

Vietnam by France, Burma by UK

  1. Revolt

 

Bangladesh

  1. Succession of State – Succession of Government
  2. Theories of Succession

Continuity Theory

Discontinuity Theory

  1. Law of Succession

Convention on Succession in respect of treaties 1978

Convention of State in respect of State property, archive and Debts 1983

  1. Consequences of State Succession
  1. Treaties

i. Personal Treaty

I.e. Peace treaty, Alliance, Friendship

Option to succeeding state

ii. Commercial Treaty

I.e. Bussines related treaty

Optional

iii. Administrative treaty

Extradition/Judicial Assistance

Optional

iv. Dispositive Treaty

Such treaties are permanent in nature.

State servitudes, Restrictions made by treaties, Passage of railway tracks.

v. Frontier/Border Agreements

Durand Line Agreement

Binding on succeeding state

vi. Multilateral Treaties

Optional

  1. Membership of IO

Does not succeed. Each state is required to apply for fresh membership.

India and Pakistan membership in UN

  1. Public Property and Rights

Successor state takes over the property without compensation.

  1. Public Debts

Generally, successor state is not bound. If state accepts the benfit of predecessor than it becomes a moral obligation to accept the burden.

  1. Contracts

No principle established yet, it varies from case to case.

  1. Torts

Not bound

  1. Laws

Laws are continued unless new enacted.

  1. Nationality

Opportunity is given to nationals of succeeding state.

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statesuccessioninrespectoftreatiesandnotifications-journalofshariaandlaw-77-2019.pdf (0.82 MB )

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