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]
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]