State succession refers to the change of sovereign authority over the territory.

Due to change
of sovereign authority, several questions arises such as,

 When one state acquires territory from another, which of the rights and obligations of
the ‘predecessor state’ pass to the ‘successor state’?
 What happens to existing bilateral and multilateral treaties,to national archives and to
the national debt, etc.?

The International Law Commission made an attempt to codify major areas of the law of state
succession which materialized in two draft Conventions:

 the 1978 Vienna Convention on State Succession in Respect of Treaties,

 and the 1983 Vienna Convention on State Succession in Respect of State Property,
Archives and Debts.

The codification attempt is generally viewed as a failure as:

1. It focused far too much on the special problems and interests of the ‘newly
independent states’ and disregarded other relevant situations
2. Rules in the draft treaties have not always been followed by actual state practice.
3. Neither of the two conventions has so far received the necessary fifteen
ratifications by states to enter into force.

There are several principles which governs the state succession and one of them is the
doctrine of Uti Possidetis.

Doctrines of Uti possidetis

When a treaty defines a border between two states, and if a third state acquires territory on
one side of that border, the third state is legally bound by the boundary treaty. This rule is
part of a broader principle stating that when a state acquires territory, it automatically
assumes the existing boundaries of that territory, whether determined by a treaty or
customary international law. This rule has implications for newly independent states, as
they inherit the borders established by former colonial powers. Most newly independent
states have accepted this consequence because they prefer to maintain stable borders without
questioning their legitimacy

Doctrines of Uti possidetis is a principle of customary international law that serves to

preserve the boundaries of colonies emerging as States. In 1964, the Organization of African
Unity, passed a resolution in which member states committed to honoring the borders that
were in place at the time of their attainment of national independence. This resolution
embodies the uti possidetis principle, which originally emerged in South America during the
independence movements of states breaking free from Spanish and Portuguese colonial rule.
The principle's purpose was to safeguard the territorial integrity of these newly independent
states by upholding the previously established administrative boundaries.

In the territorial dispute between Burkina Faso and Mali, the ICJ recognized the obligation to
respect existing borders in cases of state succession with the following words: “There is no
doubt that the obligation to respect pre-existing international frontiers in the event of a
State succession derives from a general rule of international law, whether or not the
rule is expressed in the formula of uti possidetis.” Further, it was noted that the that the
principle had in fact developed into a general concept of contemporary customary
international law and was unaffected by the emergence of the right of peoples to self-
determination and is connected with the phenomenon of independence wherever it occurred
in order to protect the independence and stability of new states.

Example:

 The Yugoslav Arbitration Commission in Opinion No. 2, has declared that the
whatever the circumstances, the right to self-determination must not involve changes
to existing frontiers at the time of independence (uti possidetis juris) except where the
states concerned agree otherwise’. In Opinion No. 3, the Arbitration Commission
emphasised that, except where otherwise agreed, the former boundaries230 became
frontiers protected by international law. This conclusion, it was stated, derived from
the principle of respect for the territorial status quo and from the principle of uti
possidetis.
 Decolonization in Africa was based on the uti possidetis principle, borrowed from the
experience of the former Spanish colonies in South and Central America.

[Note: Article 11 of the 1978 Vienna Convention, that boundaries between the parties to the
conflict cannot be altered except by free agreement, and that ‘the alteration of existing
frontiers or boundaries by force is not capable of producing any legal effects. In simpler
terms, this article emphasizes that countries engaged in a conflict cannot unilaterally change
their borders through military action. Any alteration of borders must be agreed upon by all
parties involved, and any attempts to do so by force will not be recognized as legally valid or
binding. It aims to promote peaceful and diplomatic resolution of border disputes.]

Determination of Uti possideis:

 When to territory subject to the dispute was effectively administered by a state other
than the one possessing the legal title, preference would be given to the holder of the
title.
 When there was no clear legal title, then the effectivit´es ‘play an essential role in
showing how the title is interpreted in practice’. Then it become a matter for
evaluation by the Court with regard to each piece of practice adduced.
 Where the colonial effectivit´es were insufficient to establish the position of the
relevant administrative line, the principle of uti possidetis could not operate.

When determining the uti possidetis line isn't possible through historical authoritative
decisions or subsequent practices, resorting to equity may be necessary. The specific
actions taken would depend on the circumstances.

 For example, in the Burkina Faso/Mali case, it meant dividing a frontier pool equally
between the parties.
 In the Land, Island, and Maritime Frontier Dispute case, it involved referring to an
unratified delimitation from 1869. Additionally, the suitability of topographical
features in creating a clear and practical boundary is also a relevant factor in this
process.

In simpler terms, when there's uncertainty about the uti possidetis line, fairness and equity
may be used as a guiding principle. This can lead to various solutions, such as equal division
of disputed areas or referencing historical documents. The geography of the region can also
play a role in determining a suitable boundary.