The universal succession theory a introduction the first and perhaps oldest theory of succession of state is that of universal succession theory. According to this doctrine, the policies, procedures and forms of government does not change the legal identity of a state. Succession occurs when one state ceases to exist or loses control over part of its territory, and another state comes into existence or assumes control over the territory lost by the first state. Hi fellow law llb students, on this thread, i am sharing brief and concise notes on the law 4th semester, second year subject jurisprudence. Such awareness by existing states is called recognition. State enjoys the rights, duties and obligations under international law. The scientific and social relevance of the research will be discussed in the last paragraph. Pdf theories and practice of state succession to bilateral. State succession under the law and practice of the. Kelsens theory on universal succession in the event of revolutionary changes is contradicted especially by the constitutive theory of recognition, for, according to the latter, the states members of the international community decide with constitutive effect whether a given change has produced a new state or merely a new government. Although states are not the only entities with international legal standing and are not the exclusive international actors, they are the primary subjects of international law and possess the greatest range of rights and obligations.
This theory, dating from at least the era of roman. State succession in cultural property oxford scholarship. The law of succession is not limited, therefore, only to an amount of technical, accounting rules intended for the distribution of one patrimony at risk of being ownerless, but its principles, intended for establishing the rules of the inheritance devolution, transmission and. State succession in international law international law. A treaty is an international agreement concluded between. State succession under public international law is one of the most interesting aspects of international law and very relevant in the current world situation.
It attempts to reconstruct the principles regulating interstate arrangements, contextualising them within a broad historical and geographical framework. The first, and perhaps oldest, scholarly theory of succession is that of universal succession. Legal theories versus political pragmatism a need for new approaches and paradigms. A successor state often acquires a new international legal personality, which is distinct from a continuing state, also known as. Liberal theories of international law andrew moravcsik liberal theories of international relations ir focus on the demands of individuals and social groups, and their relative power in society, as fundamental forces driving state policy and, ultimately, world order. Secession and selfdetermination selfdeterminationalso found rhetorical support in marxistleninist theory, although marxismleninismemployed the concept, in substantial part, merely strategically. Governments are the agents or representatives of states. Succession of states is a theory and practice in international relations regarding successor states. Thomas aquinas and natural law theory natural law theory like legal positivism has appeared in a variety of forms and in many guises. Hong kong and the international covenant on civil and political rights volume 45 issue 4 johannes chan skip to main content accessibility help we use cookies to distinguish you from other users and to provide you with a better experience on our websites. A guide to state succession in international investment law.
It is that the subject is largely conliised and resistant to simple exposition. The state which has been replaced is known as parent or predecessor state. Under the treaty, some provisions are stated which can be understood in the light of theory of continuity. This article explores the most recent practice, as exemplified by the case of kosovo, concerning succession to treaties in international law. Theoretical conclusions on state succession and membership in international organizations. Attempts by the international law commission ilc to codify it in the dying days of decolonization produced two treaties the vienna conventions 1 neither of which has attracted broad participation or been holistically impactful on subsequent practice. Table of contents overview of international law il 9 definition 9. However, the practice of states was difficult to identify because it was not recorded. State succession in international law debt, property and asset. This article attempts to explain the concept of state succession, the theories behind it and the repercussions of it. Introduction political entities are subject change changes have come into fore after world war 2nd idea of state succession was introduced by grotius a state which replace another state is called successor state. Articles theories and practice of state su ccession to.
But within the framework of the unitary universe is diversity of phenomenon. Where a staten merges voluntarily into another state or where it is subjugated by another state, the successor state remains one and the same international person, while the predecessor state which has merged or been subjugated becomes totally extinct as an. According to professor starke, the term state succession means transmission of rights and obligations from states which have altered or lost their identity to other states or entities, such alteration or loss of identity to other state or entities, such alteration or loss of identity occurring primarily when complete or partial changes of sovereignty takes place over portions. State succession in international law cannot be confused with succession in municipal law and the transmission of property and so forth to the relevant heir. Jul 27, 2018 a guide to state succession in international investment law provides a comprehensive analysis of state succession issues arising in the context of international investment law. Individual a state is a collection of individuals, rather than a legal entity in its own right. Discusses in detail almost all applicable rules of international law selfdetermination, external intervention, recognition, effectiveness, state succession, the problem of gaps and includes a scrutiny of practices throughout the world. Vienna convention on succession of states in respect of. International law international law states in international law. Selfdetermination and secession under international law. Jurisprudence 4th semester, second year law llb lecture. South african practice in the light of current developments in. Pdf state succession, a critical analysis farhana razzak.
These pdf lecture notes will help you in preparing well for your semester exams and assist you in. Basic principles of state succession and membership in international organizations. When the existing states declare that in their opinion the new state fulfills the condition of statehood as required by. The formative period in this respect was that of decolonization. Rights and obligations are transferrable international law is used in national courts and national law in international courts fundamental constituent element. At the time, international law was still in gestation. The problem of state succession and the identity of states. May 16, 2012 yet the inverted reading of the elaboration of this principle in the declaration on principles of international law suggests that a state may not avail itself of the principle of territorial integrity if it does not possess a government representing the whole people belonging to its territory. International alw is a law between states while municipal law applies within a state about the relation of its citizens. Pdf state succession download full pdf book download. According to this theory, the successor steps into the shoes of the predecessor and continues the rights and obligations.
Theories of law natural law, legal positivism, the morality of law dworkins third theory of law legal realism and critical legal studies 1. Customs, based on the practice of states, were the main source of international law. The theory of state succession with special referenee to english and. For an entity of being called a state and to enjoy rights, duties and obligations under international law, it is necessary that the existing state have given awareness of its capability of being a state. The law of state succession theoretical observations.
Introduction in international law, the two most common schools of thought for the creation of statehood are the constitutive and declaratory theories of state creation. Jan 01, 2016 state succession public international law 1. International law notes lecture notes, lectures 1 studocu. State succession in municipal law and international law. It attempts to reconstruct the principles regulating interstate arrangements, contextualizing them within a broad historical and geographical framework. The author examines whether a successor state is bound by the investment treaties and state contracts which the predecessor state had signed with other states and. A successor state is a sovereign state over a territory and populace that was previously under the sovereignty of another state. Continuity theory of state succession a study with. State succession, then and now, with special reference to. This book explains the legal effects of state succession on cultural property.
Recognition of state its implication, modes and necessity. It deals with the elements of state responsibility, the elements of international responsibility and the relationship between the state and indicidual responsibility under international law. Succession with special referenceto english and colonial law 1907. Difficulties may result from the change in the political sovereignty over a particular territorial entity for the purposes of international law and. Pdf nowadays, state succession in respect of treaties is mainly concerned with separation and dismemberment of states. The paper seeks to throw light on the concept of state responsibility under public international law. The formation of a new state is a matter of fact, and not of law. State succession under international law ipleaders. The issue of state succession continues to be a vital and complex focal point for public international lawyers, yet it has remained strangely resistant to effective articulation. Yet the inverted reading of the elaboration of this principle in the declaration on principles of international law suggests that a state may not avail itself of the principle of territorial integrity if it does not possess a government representing the whole people. Unlike states, which possess rights and obligations automatically, international organizations. The rights and obligations of the individual under the municipal law can not be equated with those of the state under the international law since, the former is personal to a real being, the latter relates to the sovereign, autonomous and. State succession under the law and practice of the international monetary fund volume 11 issue 1 hans aufricht skip to main content accessibility help we use cookies to distinguish you from other users and to provide you with a better experience on our websites.
Declaratory and constitutive theories of state law teacher. This volume explains the legal effects of state succession on cultural property. That is, governments are the means through which state power is employed. Part i the concept of statehood in international law, ch. The 1978 vienna convention on succession of states in respect of treaties hereafter, the 1978 vienna convention defines state succession as the replacement of one state by another in the responsibility for the international relations of territory article 2 1b. Theories of law natural law, legal positivism, the morality. International law and practice state succession to. Theories and practice of state su ccession to bilateral treaties. International law states in international law britannica. Succession of states theory legal definition of succession. Therefore international alw is superior to national and municipal law. International law, state succession in oxford bibliographies. Guide on international private law in successions matters.
The state is the organization while the government is the particular group of people, the administrative bureaucracy that controls the state apparatus at a given time. The recent experience of kosovo article pdf available in german law journal 149. There is a succession of states where the territory of one state passes from its supremacy to that of another. The subject of international law are both states and individuals. Fourteen states submitted briefs to the international court of justice in its advisory opinion on kosovo to argue in favor of kosovar secession and independence, based on the argument that international law embraced a principle of remedial secessionexternal selfdetermination in instances of severe oppression by the mother state. This book offers a comprehensive study of secession from an international law perspective, focusing on recent practice and applicable rules of contemporary international law. National legal systems including private international law are part of the international legal system. A discussion and examination of international law as it relates to succession to treaties is offered, displaying the continuing contradiction that exists between state. Email citation oconnells reappraisal of state succession.
International law takes a customary form, in which society orders itself through its experience of selfordering, and a legislative form treaties. Succession is primarily a principle of private law, and involves political changes in the state. Remarks on recent theory and state praxis, 15 boston university international law journal 71 1997. The tricky question of state succession to international. International law cannot become part of state municipal law till the principles of international law are applied under state municipal law. Succession theory in the world of scholars with this definition and its implications as background, the various propositions from scholars, state practice, and treaties can be discussed. Theories of state succession free download as word doc. Her primary academic interests are international political theory and international law. It was the grotius2, who for the first time propounded this theory by inducting roman law analogy of succession on 3 death of natural person. One of the best collections of legal studies on secession. A central concern in this instance is whether the international obligations of the former state are taken over by the. Other interests and concerns are involved and the principles of state sovereignty, equality of states and noninterference prevent a universal succession principle similar to domestic law. These pdf lecture notes will help you in preparing well for your semester exams and assist you in studying from ready made lecture notes. The monist view of law is part of philosophy according to which totality is a single structure.
Main addressors of the international law are the sovereign states. The international law commission provisionally adopted the following definition of. Note, revolutions, treaties and state succession, 76 yale l. Hubert beemelmans, state succession in international law. The tricky question of state succession to international responsibility written by marko milanovic consider the following scenario. One of the most elaborate statements of natural law theory can be. The continuity theory is a theory in state succession. Theories and practice of state succession to bilateral treaties. Vienna convention on succession of states in respect of treaties done at vienna on 23 august 1978 the states parties to the present convention, considering the profound transformation of the international community brought about by the decolonization process, considering also that other factors may lead to cases of succession of states in the. It discusses to what extent the practice and the theory of state succession reflect the evolution of the idea of cultural heritage in international law. Succession of states theory legal definition of succession of.
Continuity theory of state succession a study with reference. Normative bases for international law mariana olaizola, princeton university mariana olaizola is a junior studying political theory at princeton university. State succession means the replacement of one state by another in the responsibility for the international relations of territory. State succession in international lawdebt, property and asset. Hence succession in this case is substitution plus continuation. Public international law comprehensive course notes.
Declaratory and constitutive theories of state recognition in international law. Theories of state succession international law sovereignty scribd. The problem of state succession and the identity of states under international law 143 1 introduction if there is one common theme running through all recent literature on the law of state succession. A discussion and examination of international law as it relates to succession to treaties is offered, displaying the continuing contradiction that exists between state praxis and relevant. Perpetuity is not the significance of political entities. According to strake, the main foundation of the proponents of dualistic theory is that state municipal law and international law are two different legal systems because the nature of international law. There is a risk, therefore, that even this essay, written with the aim of clarification, will. The problem of state succession and the identity of states under.
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