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Succession of states

Succession of states is a concept in international relations regarding a successor state that has become a sovereign state over a territory (and populace) that was previously under the sovereignty of another state. The theory has its roots in 19th-century diplomacy.[1] A successor state often acquires a new international legal personality, which is distinct from a continuing state, also known as a continuator or historical heir, which despite change to its borders retains the same legal personality and possess all its existing rights and obligations (such as a rump state).[2]

Partial and universal state succession[edit]

A state succession can be characterized as either being universal or partial. A universal state succession occurs when one state is completely extinguished and its sovereignty is replaced by that of one or more successor states. A partial state succession occurs when the state continues to exist after it has lost control of a part of its territory.[3]


An example of a partial state succession is the case of the split of Bangladesh from Pakistan. There was no challenge to Pakistan's claim to continue to exist and to retain its membership of the United Nations: it was a continuator and not a successor. Bangladesh eventually was recognized as a new state: it was a successor and had to apply for UN membership.


An example of a universal state succession is the dissolution of Czechoslovakia. Neither part claimed any continuity: both the Czech Republic and Slovakia were new successor states.


There are cases where a state is completely extinguished or abolished without having any successor states. Cases like this occur when, for example, one state is annexed or conquered by another and ceases to exist even in nominal form (i.e., not even a "government in exile" is established). The most recent case is the German Democratic Republic (East Germany), which was completely abolished after the German reunification. Modern Germany is a continuation of the Federal Republic of Germany and not a successor state.

Rights and obligations[edit]

Consequent upon the acquisition of international legal personality, the difficult matter of succession to treaty rights and obligations arises.[4] Succession may refer to the transfer of rights, obligations, or property from a previously well-established predecessor state to its successor state, and can include overseas assets such as diplomatic missions, foreign-exchange reserves, and museum artifacts; and participation in treaties in force at the date of succession or international organizations. In an attempt to codify the rules of succession of states, the 1978 Vienna Convention entered into force on November 6, 1996.[5]

Bilateral and multilateral treaties necessarily give rise to different considerations.

There are real treaties and personal treaties. Real treaties affect the territory itself, such as boundary agreements or the grant of transit rights, which can continue irrespective of the personality of the state. The new state must take over the country in the condition in which it finds it, as the parent state cannot give more than it possesses. Such treaties can be described as "treaties creating purely local obligations."

[6]

In their application to the acquisition of independence, distinctions should be drawn between different cases though the line of demarcation is not always clear:[6]

successor state to the Federal Republic of Yugoslavia (earlier claim to SFR Yugoslavia succession dropped in 2000)

Serbia

The , successor state to the Imperial State of Iran

Islamic Republic of Iran

the reduced state after the creation of South Sudan

Sudan

Predecessors of sovereign states in Africa

Predecessors of sovereign states in Asia

Predecessors of sovereign states in North America

Predecessors of sovereign states in South America

Predecessors of sovereign states in Europe

Predecessors of sovereign states in Oceania

Comparative history

International law

Translatio imperii

Vienna Convention on Succession of States in respect of Treaties

State continuity of the Baltic states

Timeline of historical geopolitical changes

Peaceful transition of power

Odious debt

Rump state

Burgenthal/Doehring/Kokott: Grundzüge des Völkerrechts, 2. Auflage, Heidelberg 2000 (in German)

European Journal of International Law – State Succession in Respect of Human Rights Treaties

Wilfried Fiedler: , in: Staat und Recht. Festschrift für Günther Winkler, Wien, 1997. P. 217–236. (in German)

Der Zeitfaktor im Recht der Staatensukzession

Wilfried Fiedler: , in: B. Ziemske u.a. (Hrsg.), Festschrift für Martin Kriele, München 1997. P. 1371–1391 (in German)

Staatensukzession und Menschenrechte

Draft Articles on Nationality of Natural Persons in relation to the Succession of States with commentaries (1999)

Öktem, Emre (September 2011). "Turkey: Successor or Continuing State of the Ottoman Empire?". . 24 (3): 561–583. doi:10.1017/S0922156511000252. S2CID 145773201. - Published online on 5 August 2011

Leiden Journal of International Law