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1) Treaties: the Vienna Convention on Succession of States in Respect of Treaties, 1978 (Vienna I); 2) State property, State debt and State archives: the Vienna Convention on Succession of States in Respect of State Property Archives and Debts, 1983 (Vienna II);
Approximately 100 new States emerged with the end of decolonization. Germany reunified, while the Soviet Union, Yugoslavia and Czechoslovakia dissolved. the transfer of one State to another is usually described as State Succession Vienna I and II - state that succession is "the replacement of one State by another in the responsibility for the international relations of a territory.
Singapore Malaysia 1965
Bangladesh Pakistan 1971 Eritrea - Ethiopia 1993 East Timor Indonesia 2002 14 states from the former USSR
D ISSOLUTION ² H APSBURG
First Word War Yugoslavia and Czechoslovakia Second World War Socialist Republic of Yugoslavia Yugoslavia successor to Serbia. End of cold war Bosnia, Herzegovina, Croatia, Macedonia, Serbia and Montenegro.
1958 Egypt and Syria United Arab Republic dissolved in 1961. 1976 North Vietnam and South Viet Nam Socialist Republic of Viet Nam. 1990 North Yemen and South Yemen Republic of Yemen. Absorption 1990 - unification of Germany no new state is formed.
TABULA RASA : T HE C LEAN S LATE D OCTRINE
The option of simply denying State succession to treaties, known as the tabula rasa or clean slate doctrine and re-inventing international law after each case of State succession has never been adopted or openly defended in recent State practice. The clean slate thesis appears to have emerged in the late nineteenth century. there can be no transfer of rights or obligations between the old and the new state. main argument in favor of the clean slate doctrine is that treaties are generally burdensome restrictions to sovereignty and that a new State should be free to reconsider the Predecessor State's treaties.
U NIVERSAL S UCCESSION : T HE C ONTINUITY T HEORY
The continuation theory of state succession is an anti-thesis to the clean-slate theory of membership. Under the continuity theory, rights and duties may still pass to States that have lost extensive portions of their territories and/or have undergone radical changes in government as long as they are considered to have inherited the essential legal identity of the former member. The universal successor assumes the whole of the legal clothing of the person to whom he succeeds; steps, as it were, into his shoes. He takes over his rights and liabilities of every kind; his property ,the debts and other obligations (such as rights of action for damages for breach of contract) owing to him, and the debts and obligations which he owes.
How far the new state is bound by the treaties and contracts entered by its predecessor. Continuity of legal personality Session, annexation or merger Recognition and responsibility All international rights and duties will devolve upon the new sate.
Succession of states was defined as the replacement of one state by another in the responsibility for the international relations of territory. (1978 & 1983 Convention). international obligations passes to the successor state. Sovereignty of a lessee state over particular territory reverts to the lessor state. 1997 China resumes sovereignty over Hong Kong.
International Convention on Succession of States in Respect of Treaties 1978. Vienna Convention of 1983 on Succession of State Property, Archives and Debts. Change of sovereignty over territory. Passing of rights and obligations upon external changes of sovereignty over territory. The passing of rights and obligations upon internal changes of sovereignty, irrespective of territorial changes.
PASSING OF RIGHTS AND
Passing of territory to another state. One state divided into many states. New states from colonial states
Vienna convention on Succession of States in respect of treaties, 1978. entered into force - 1996 A.15- treaties of the predecessor state are to be in force in relation to the territory thus passing Treaties of the successor state are to be in force in respect of the territory thus passing, unless it appears from the treaty or is otherwise established that the application of the treaty to that territory would be incompatible with the object and purpose of the treaty or would radically change the conditions for its operations.
S TATE P RACTICE
A new state does not succeed automatically to a treaty if the subject matter is closely linked to the relations of the predecessor state with the other party or parties. Example include political treaties such as treaties of alliance or defence. In case of absorption all treaties entered into by the absorbed state will either simply lapse or the absorbing state will extend to the absorbed state. A.31 of the 1978 Convention A successor state will be bound on human right treaties.
C ONTRACTUAL OBLIGATIONS
The relevant treaties will continue in force. Free choice doctrine Damages for unliquidated damages won t exist If there is any unjust enrichment to the predecessor or successor state the right and corresponding obligations may survive.
West Rand Central Gold Mining Co v. R,  2 KB 391. Extinction of rights by conquest or annexation, the successor state has the right to decide whether to submit to the contractual rights. If any concessionary agreement will extinct with the transition. Unless the successor state renews it.
Taking the burden with the benefits No obligation accrues for a successor state in respect of a public debt incurred for a purpose hostile to the successor state or for the benefit of some other state. If a country is divided into many countries become divided among the successors. Ottoman Debt Arbitration, 1925. Proportionate benefit
Vienna Convention on Succession of States in Respect of State Property, Archives and Debts, 1983. NOT IN FORCE Usually all disputes has to be settled by agreements. the successor State acquires the whole property of the predecessor State or States. Equitable proportion is to pass to the successor state. A.37 if the successor state is a newly independent state, no debt will pass unless the agreement otherwise agrees.
P ROPERTY & A RCHIVES
Those States should receive not only the whole property of the predecessor State situated in the territory of the new State, but also property having belonged to the territory of the successor State and situated outside it and having become property of the predecessor State during the period of dependence. If no agreement was concluded, in the case of cession the successor State should receive the part of the archives necessary for an efficient administration of the acquired territory, as well all the documents relating fully or mostly to the ceded territory.
in the case of the unification of States the successor State acquire all the archives of the predecessor State. Archive includes documents, photographs, films, cultural heritage etc. The Convention did not refer to any classification of debts. the criterion generally adopted by the Convention was that the debt passes to the successor State in an equitable proportion. The exception was the situation of the newly independent States, for which no debts pass to them, unless an agreement provides otherwise, provided that this agreement does not infringe the principle of sovereignty of peoples over wealth and natural resources (Article 38).
A SSETS &
Similar solutions were applied in cases of secession and dismemberment of the predecessor State (Art.40 and 41) - the debt should be divided into proportional shares. The primary rule with regard to the allocation of assets (including archives) and debts in succession situations is that the relevant parties should settle issues by agreement. the first principle applicable to State succession is that the successor States should consult with each other and agree a settlement of all questions relating to succession. States does not as such affect the rights and obligations of creditors. Art. 40 of Vienna II provides that where part of a state separates to from another state, unless otherwise agreed, the state debt of the predecessor state passes to the successor state in an equitable proportion taking into account in particular the property, rights and interests which pass to the successor state in relation to that debt. KDR/RGSOIPL/2008
the successor state has a right to take up fiscal claims belonging to the former state, including the right to collect taxes due. In practice municipal courts will enforce obligations of the predecessor state against the successor only when the latter has recognized them. Local debts clearly pass under customary international law to the successor State. Similarly, localized debts, being closely attached to the territory to which the succession relates, also pass to the successor state in conformity with the same territorial principle.
The successor state is not bound to respect an unliquidated claim for damages in tort. Hawalian claims, AJIL 20, 1926. Brown Claim, 19 AJIL 1925.
M EMBERSHIP OF I NT.N.O RG
A new state will not succeed to membership of the UN or other international organisations. India and Pakistan India continued Pakistan as a new state has to apply for Membership of the UN. Russia continued to be the member of UN after the dissolution of USSR.
N ATIONALITY OF N ATURAL P ERSONS
As a result of succession no national of the successor state becomes stateless. UN draft guidelines
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