This work requires to discuss the consequences which face State Succession.

This task will

consist three parts which is introduction, main body as well as conclusion. On introduction part
am going to define key term of the question which specifically is State, Succession as well as
State succession. On Main body part am going to discuss on details the question given which is
"State succession tie knot of consequences" were i will focuss on discussing consequences
facing state succession. And lastly is Conclusion part where on this part am going to generalize
the whole as well as to state my views concerning state Succession.

State

According to Article 1 of Montevideo Convention on The Right of the State 1 Define State to
means any country which have permanent population, a defined teritory, government and
capacity to enter into relations with other states.

So according to The Montevideo Convention, in order for a state to recognized by

international public law it must consist those elements mentioned under Article 1 of that
Instrument.

Succession

Is the transfer of sovereignty over a teritorial entity from one state to another
State Succession

Political entities are not there for granted it may occur that due to differences they are subject
to change. Political entiet can change due some circumstances such as Federations, mergers,
dissolutions and secessions take place. State Succession is one among the reason of political
entity to change which result to get new state and an old state to disappear. 2

1
(1934)

2
Malcom N. Shaw, International Law, 8th edition, Cambridge University Press (2017). Pg. 725
According to Article 2 of Vienna Convention3 defined as the replacement of one state by
another in the responsibility for the international relations of territory. 4

State succession takes place when one state assumes the rights and some of the obligations of
another because of certain changes in the condition of the latter.5

Kinds of State Succession

There are two kinds of state succession which are Universal Succession and Partial Succession.

I. Universal Succession

This is when a state is completely merged with another state either through Subjugation or
Voluntary merger. Another way of Universal Succession is when a state breaks into several
parts and each part becomes a separate international person6.

II. Partial Succession

This occur when state revolts and after archieving freedom become a separate international
person for example Bangladesh. Also it occur when a part of state ceded to another state. Lasty
it happen when a sovereign state looses parts of its independence by joining a federal state or
when a state become a protectorate of another state or when a state accept the suzerainty of
another state.7

3
(1978)

4
Malcom N. Shaw, International Law, 8th edition, Cambridge University Press (2017). Pg. 727

5
CODES AND NOTES ON PUBLIC INTERNATIONAL LAW by PORFERIO JR. and MELFA SALIDAGA

6
CODES AND NOTES ON PUBLIC INTERNATIONAL LAW by PORFERIO JR. and MELFA SALIDAGA

7
CODES AND NOTES ON PUBLIC INTERNATIONAL LAW by PORFERIO JR. and MELFA SALIDAGA
This is te second part of the question where by am going to discuss as to the consequences
which acompanied with staye succession. This consequences is the results of state succession
where by mostly it affect predecessor and favour successor state.

Consequences of State Succession

Cession of Territory from one State to Another

All teritory which before the state succession recognized as the territory of predecessor will
affected after state succession and after state succession will be recognized as the territory of a
new state which is Successor.8 Article 2 of Vienna Convention9 show that Satate Succession itself
considered as replacement by another in the responsibility of territory, so on that regard it
show that the responsibility over the territory will be automatically transferred to successor
after State succession.
The political laws of the former sovereign are automatically abrogated and may be restored
only by a positive act on the part of the new sovereign.

This entails that one among the consequence which tie knot after state succession is that the
political law of predecessor state will be affected by the political law of successor State, so the
law of the forrmer state will cease to operate unless the successor state enact law to allow the
political laws of the former state to operate but itherwise automatically the political law of the
predecessor has no effect to state succession, by another word i can say that the predecessor
loss its political law sovereign.
Treaties of a political and even commercial nature are also discontinued, but the successor
state is bound by treaties dealing with local rights and duties.

After the State succession this also is the consequence which occur that all political treaties and
comercial treaties whic the predecessor signed earlier will discontinue to operate by the sence
that the predecessor has no capacity to enforce it but the successor state is bound only to obey
the treaties which deals with local rights and duties.

8
Malcom N. Shaw, International Law, (8th edn, Cambridge University Press, 2017). Pg. 727

9
(1987) (1983)
All rights of the predecessor state are inherited by the state but this is not so where the
liabilities are concerned.

State Succession brought also this consequence that once it occur all rights of predecessor
automatically inherited by the successor State by the notion that there is no any right which will
be enjoyed by the predecessor state once the State succession occur. This include the right to
enter into agreement with another state, the right to sign treaties. Also the comercial right are
ingerited by the successor State such as to borrow money from World bank, to make a budget.
This means that before state succession the State have a capacity and different right concerning
comercial matters so after the state succession those comercial right also automatically are
ingerited by the successor. But this inheritance does not operate on liabilities, the successor will
inherit everything except the liabilities of the predecessor.

State property of predecessor automatically transfered to Successor State

This also is another consequence which occur immediately after the state succession where
by the predecessor state loss its public public property automatically and then those property
will be recognized as the property of the successor. 10 In order to know which property are
reffered to, Article 8 of the Vienna Convention 11, provides that state property for the purposes
of the Convention means ‘property, rights and interests which, at the date of the succession of
states, were, according to the internal law of the predecessor state, owned by that state’. So
those which are mentioned under This Article will be transfered from predecessor to Successor
to that regards it reffere as consequence accompanied by State Succession.

State successor and Responsibility

This also is one among the consequence of State succession where by the general principle is
that the Successor will not be responsible for the wrongful act done by the predecessor state. 12
But the situation can change and the Successor state be liable for the wrongful act done by the

10
Malcom N. Shaw, International Law, (8th edn, Cambridge University Press, 2017). Pg. 747

11
1983

12
Malcom N. Shaw, International Law, (8th edn, Cambridge University Press, 2017). Pg. 762
predecessor state as decided by Lighthouse Abitration 13 the case which involve Greece the
successor state whic the abitration held Greece responsible for the wrongful act done by Turkey
and Crete as predecessor states.

Conclusion

State Succession occur due to differents reasons as i explain above

13
23 ILR, pp. 81, 91–2