International Law

Rights and Obligations of Succession

When an international person takes place of another international person, following rights and
duties arise:

1. Political Rights and Duties

- Succeeding State is not bound by the political treaties of the former State
- Not bound by the treaties of peace and neutrality entered into by the former State
- Treaties of the former are terminated by the reason of complete loss of personality
- Even treaties relating to commerce or extradition do not survive annexation or
merger

2. Local Rights and Duties

- In respect of land, river, canals, roads and railways, the succeeding State succeeds
the rights and duties of the former State
- Case of German settlers in Poland, PCIJ gave a decision that private rights do not
end by the change of sovereignty

3. Fiscal Property Debts

- Oppenheim holds view that succession takes place in regard to fiscal property
- But no private person gets the right to claim the old debts from the succeeding
international person
- PUBLIC DEBTS: Jurists are of the view that it depends on the discretion of the
succeeding international person whether to pay or not to pay the public debts of the
former State. However, if the public debt is spent on the development works of the
area succeeded by the new international person then the said person should be
bound to pay that public debt. Example may be taken of Bangladesh and Pakistan;
after the secession of Bangladesh from Pakistan, the former held that it was not
entitled to pay the debts taken by the latter. Pakistan held the view that Bangladesh
was entitled to pay the debts spent to the development works of it. Russia relieved
Pakistan from payment of the part of debt spent on development works in
Bangladesh.

4. Contracts
- Most jurists are of the view that succeeding State should be bound by the contracts
entered into by the former State
- King’s Bench of England, in a case, ruled that the succeeding State is entitled to
decide whether it would accept the financial obligations of the former State
- International law does not impose any obligation of the conquered State

Muhammad Minhaj Mahdi

International Law

- Lord Alverstone observed: “cessation of territory does not mean the confiscation
of the property of individuals in that territory”

5. Concessionary Contracts
- The contracts through which certain concessions, such as, digging of mines, laying of
railways, etc. are given
- Succeeding State is bound to respect the concessionary contacts

6. Laws
- Civil law continues until it is changed by the succeeding State

7. Unliquidated Damages for Torts

- As per Robert Brown’s claims in American and British Claims Arbitration Tribunal,
no succession takes place in respect of Unliquidated damages for torts

8. Unliquidated Damages for Breach of Contract

- No succession for these damages, but if the former State has decided to pay the
liability arising from a breach of contract, then the succeeding State must pay the
same

9. Nationality
- Nationals of the former State lose their nationality of the extinct State and become
the nationals of new international person

10. Succession to Property in foreign State

- Succeeding States become the successors of such property

Muhammad Minhaj Mahdi