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State Succession

State Succession. Kevin Iraniha. State Succession. Definition Brownlee: Replacement of one state by another in respect of sovereignty over the territory

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State Succession

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  1. State Succession Kevin Iraniha

  2. State Succession • Definition • Brownlee: Replacement of one state by another in respect of sovereignty over the territory • Vienna Convention: “succession of States” means the replacement of one State by another in the responsibility for the international relations of territory • Sources: • Convention: Vienna Convention on Succession of States in Respect of Treaties (1978), effective 1996 • Customary International Law

  3. State Succession • Problems: • Is successor state bound by all or any treaties of the predecessor? • Do the people automatically become nationals of the successor state? • Is the successor state affected by claims or debts of predecessors? • What happens to public and private property? • 2 differing principles: • Roman Law (Continuation) – New state continues the legal personality of the predecessor • ‘Clean Slate’ principle – New state acquires sovereignty free from encumbrances created by the predecessor state • Much depends on circumstances of the particular case as to if it will be a continuation or a ‘clean slate’ state

  4. State Succession • How? • Dismemberment of existing state • Soviet Union to Russian Federation (continuation) • Yugoslavia into Croatia, Slovenia, Bosnia-Herzegovina, Montenegro, Serbia, Kosovo, Macedonia = new independent states (Clean-slate) • Secession – withdrawing from a territory • Belgium (1830) from Netherlands • Bangladesh from Pakistan • Decolonization • India – remained same legal entity as British India (Continuation) • Pakistan – became a totally new state (‘clean slate’) • Merger of existing States • Yemen Arab Republic and People’s Democratic Republic of Yemen – Merged and became the Republic of Yemen (new State) • German Democratic Republic (GDR) and Federal Republic of Germany (FRG) – Merged and remained the FRG (Continuation) • Partial cession or annexation of territory • Hawaii

  5. Yugoslavia Dismemberment

  6. State Succession • State Property • Generally accepted to be ceded to the successor along with territory and sovereignty, unless cultural heritage or similar cases • Public Law Claims • Generally accepted that successor state has a right to take up fiscal claims belonging to former state • Example: Collecting Taxes • Public Debt – More controversial • Continuation = successor should assume public debts • ‘clean slate’ = sometimes remains with predecessor state, sometimes taken up by the successor state. • State Contracts (Treaties, etc.) • Article 16 states that newly independent states (decolonized states) receive a "clean slate", whereas article 34(1) states that all other new states remain bound by the treaty obligations of the state from which they separated.

  7. State Succession Nationality • Population follows the change of sovereignty • Treaty of Peace with Italy (1947) • Inhabitants of territory will become citizens of transferee with a right of option given • Minorities Treaty signed at Versailles: • Poland admits and declares to be Polish Nationals ‘ipso facto.’ New nationals can declare abandonment of Polish nationality within 2 yrs. • U.N. Charter • Change of Sovereignty doesn’t give new sovereign the right to dispose of the population • Human Rights Perspective • To prevent Stateless peoples, nationality shall be given by new sovereign • Problems to address by government of Successor State: • Alien residents in territory • Born abroad of parents who are nationals of former regime • Dual nationality with former regime

  8. State Succession Other Provisions • Even if a ‘clean slate’ state, they are still bound by ‘General International Law • Like Convention on the High Seas • Must conform to Boundary Treaties, even if treaty ceases to exist • Must conform with existing principles of Jus Cogens

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