SUCCESSION

Oppenheim has described 'State Succession in the following words:-

"A succession of international person occurs when one or more international persons
take place of another international person, in consequence of certain changes in the
latter's conditions."

CIRCUMSTANCES OF STATE SUCCESSION

State succession can arise in a number of defined circumstances, which mirror the
ways in which political sovereignty may be acquired. They are:
Decolonization of all or part of an existing territorial unit: This refers to situations
where the nation partially or completely overcomes itself from the holding of a
superior nation.
The dismemberment of an existing State: This refers to a situation when the
territory of the predecessor State becomes the territory of two or more new States who
take over it.
Secession: This refers to a situation where a part of the State decides to withdraw
from the existing State.
Annexation: This refers to a situation where a State takes possession of another State.
Merger: This refers to the fusion of two or more free States into a single free State.

TYPES OF STATE SUCCESSION

There are two types of State succession and they are :

UNIVERSAL SUCCESSION
Universal Succession.-It takes place in two ways
a) when a state is completely merged with another state.: either through subjugation
or voluntary merger; and
(b) when a state breaks into several parts and each part becomes a separate
international person.
Partial Succession
Partial Succession occurs when a part of the territory of the State gets severed from
the parent State. This severed part now becomes an independent State.
There are two important examples of partial succession.
One is the separation of Pakistan from India.
The other is the separation of Bangladesh from Pakistan.
The existing States continued with their legal obligations and duties while the new
States got their own recognition and carried no rights or duties of the parent States.

THEORY OF STATE SUCCESSION

Universal succession/ Popular continuity theory:

Both this theory are identical to one another. This is the oldest form of succession
theory given by Grotius, Fiore and Fradie. According to this theory, the right and
duties of the predecessor state transfer automatically to the succession state without
any obstruction and alteration.
Organic Substitution theory:

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Scholars like Von Gierke and Max Huber supported this theory.According to the
theory the new state that comes into existence continues with the old rule and
regulations without any alteration.
Self- Abnegation theory:
This theory was advocated by Jellinek in 1900. It is known as another version of
universal continuity theory.According to this theory the successor state morally agrees
to follow the rules of the international law and follow the obligation towards other
state.
Negative Theory:
This theory was established in the mid- 19th century.According to the theory the
successor state is absolutely free from the right and obligation of the predecessor
state. The Successor state can form their own rules and regulations, political,
economic and social laws and also can create their own international relations.
Communist theory:
According to this theory, the successor state is bound by certain rules and regulations,
internal treaties debts and duties with the predecessor state. This theory is completely
contradictory to the negative theory.

When the successor state come into existence, they are bind by certain political and
economic agendas. For instance, the issues related to paying of debts, agreements of
war and peace, treaties etc.

EFFECT OF STATE SUCCESSION ON TREATIES

A codified customary principal have evolved which says that the treaties related to the
boundary is binding to the succeeding state and cannot be altered while discussing
treaties related to Human rights the general discussion is that the successor state is not
bound to follow, the successor state should have the right to decide if they want to
continue with the treaty or not.Similarly, other treaties with respect to international
states and organization are not binding and the successor state can go for a fresh new
treaty.
Membership of International Organization
Being as a member of international organization has its own significance, own
political visibility and diplomatic benefits. if the newly formed state is entitled to be
the member of the International Organization, it is said that the successor state have to
fresh apply for the membership.
A good example of India and Pakistan, when Pakistan separated from India the UN
said that they have to again apply for the membership.
DEBTS AND LOANS:
Issues related to debts and loans also arises as who will repay it.
The best way to resolve this issue is by making agreement of bilateral nature between
the predecessor state and the successor state as to how the loan will be paid back to
the donor agencies or any other entities.
But the rules related for the same is not codified and hence complexity arises.
Public and private Property:

Public properties which includes movable and immovable properties like houses,
lands, railways, buses, planes, golds, embassies, Infrastructure etc., comes into
question as what to do with those property. If the successor state are enjoying the

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property they should have the binding obligation to repay it. In such case the new
state is bound to repay to the parent state.

While dealing with the personal property, the successor state have to make a rule and
regulation as to how the properties should be distributed among the citizens.
RIGHTS AND DUTIES ARISING OUT OF STATE SUCCESSION

Political Rights and Duties

No succession takes place with regard to political rights and duties of the States.
The peace treaties or the treaties of neutrality entered into by the previous State aren’t
binding on the new State.
Rights of Natives or Local Rights
the local rights of the people do not secede with the succession of the States.
These rights refer to the rights such as property rights, land rights or rights relating to
railways, roads, water etc. In cases like these, the succeeding States are bound by the
duties, obligations and rights of the extinct State. But the only exception here is in
case of human rights treaties since it would be desirable for the new State to adhere to
such terms. Other than this, the new State would have to enter into new political
treaties of its own.
Contracts. Majority of jurists are of the view that the succeeding states should be
bound by the contract entered into by the extinct state. But in West Rand Central Gold
Mining Co. Ltd. v. King, it was held that the succeeding state was entitled to decide
whether it will accept the financial obligations of the former state. Until it accepts the
financial obligations of the former state, it will not be bound by them.
Concessionary contracts. By concessionary contracts we mean the contracts
through which certain concession such as digging of mines, laying of railways, etc.
are granted through contracts. Since these are of mostly local nature, the succeeding
state is bound by them. Much will, however, depend upon the facts and circumstances
of each concession or contract.

Laws. So far as the laws of the former state are concerned, civil law continues until it
is changed by the succeeding state.
Unliquidated damages for Torts. No succession takes place in respect of
unliquidated damages for torts. But the succeeding state will be bound if the former
state had accepted or had decided to pay compensation.
Nationality-The nationals for the former state loose their nationality at the extinction
of the state and become the nationals of the new international person. Generally such
nationals are given a certain period within which they have to decide whether they
will continue their loyalty towards the former state or will accept the
Succession to property in foreign states. The succeeding state becomes the successor
of the property of the extinct state situated in foreign country.
Succession of States in respect of treaties-On 23rd August, 1978, a convention
known as the Vienna Convention on Succession of States in respect of treaties has
been adopted. Article 1 of the convention which deals with the scope of the
convention provides that it applies to the effects of a succession of States in respect of
treaties between states

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