International Law: STATE SUCCESSION

V The Rule Of State Succession was incorporated from the
ë

V Ún ë when a person died his rights And duties were
succeeded his successors. This principle was applied
rotius in the international law.
V of succession is the transfer of

sovereignt over a territorial entit from one suect of
Únternational Law (i.e. One State) to another.
V asicall it is the expulsion of the sovereignt of one state
and the extension of the sovereignt of another state.
V According to Oppenheim, ³ A succession of international

person occurs when one or more international persons
take place of other international person, in
consequence of certain changes in the latter¶s
condition.´
V Article a V e Vienna CVnventiVn Vn e
SuccessiVn V States in Respect V reaties, a ,
Deals With The Case Of Succession of States under three
main headings:
(i) Succession in respect of part of a territor .
(ii) Newl independent states i.e. states emerged from

former dependent territor .
(iii) Uniting and separating of states.

îredecessVr State Vr extinct State
Succeeding State Vr SuccessVr State

REASONS FOR SUCCESSÚON: War, Merger,
State reaking into several parts and each part
ecomes a separate international person, revolt in a
state, cession ( when a part of state territor is given to
other state to exercise sovereignt over that), A state
gets the protection of other state, A state is under the
suzeraint of other state.
V
V asically V twV types: Universal SuccessiVn And
îartial SuccessiVn.
V Universal SuccessiVn:
(A) Wen a state is cVpletely erged wit anVter
state ( Eiter trVug subjugatiVn Vr vVluntary
erger).
() Wen a state breaks intV several parts and eac

part becVes a separate internatiVnal persVn.
V îartial Succession:
(A) When a state revolts and after achieving freedom
ecomes a separate international person. (angladesh).
() When a part of state is ceded to another state.
(C) When a sovereign state looses part of its

independence oining the Fedral state or when a state
ecomes a protectorate of another state or when a state
accepts the suzeraint of another state.
V î
: Succeeding State is nVt
bVund by te pVlitical treaties V te Vrer state suc as
treaties V peace and neutrality.
V ~
: A genuine successiVn takes
place regarding tis i.e. te succeeding state is bVund tV
Vbserve duties cVncerning land, rivers, railways, rVads etc.
¬
îCIJ 1023 (Series . NV. 6) It
was eld tat private rigts dV nVt end by te cange V
sVvereignty.
V State îrVperty:

aa f e Vienna CVnventiVn On State îrVperty,
Arcieves And Debts, a , sa s that propert will pass over
to other state without compensation.
a a s that propert , rights and interest owned a

third state is not affected. (Rights of third states are not affected
succession.)
a ells aout the dut of the predecessor state to take

all measures to prevent damage and destruction of the state
propert which is to e passed to the succeeding state.
V Ê
Ê is concerning the preservation of
the state achieves so that the states can e enefitted as widel
and as equital as possile. (Records are to e protected).
V Ê a s that the succession of a state does not as such

affect the rights and oligations of the creditors. (Creditors
rights are not affected).
V îredecessor state entered into a contract, now,

whether the successor state is ound that or not.
ë
(a ) 2
K. a): Succeeding state was entitled to decide whether it
will accept the financial oligation of the former state or not if
it won¶t accept then it won¶t e liale.
V : Like Digging V ines, laying
V te railways etc. ey are V lVcal nature and tat is wy
tey are binding Vn te succeeding state.
V ~ Succeeding state will ave tV decide weter te

laws V te predecessVr state will cVntinue Vr nVt.
(generally civil laws are cVntinued).
V : NatiVnality V te new state is gained and

natiVnality V te predecessVr state is lVst.
V Ê î Ê

V Ê egarding tat.
V y A State

ay becVe a eber V U.N.
V Exaple: A ter partitiVn V India, îakistan claied

tat it ad attained te ebersip V U.N. because
India was its eber. ut it was eld tat îakistan
Had V Apply independently Vr te ebersip V
U.N.
V AccVrding tV D.î.O.CVnnell tere are Vur ain
teVries V State SuccessiVn and tese are:
(a) eVries V CVntinuity. (eVry V Universal

SuccessiVn, eVry V îVpular CVntinuity, eVry V
Organic SubstitutiVn, eVry V Sel AbnegatiVn).
(2) Negative eVries.
() eVries IpVrting InternatiVnal Law.
() CVunist eVry O State SuccessiVn.

V Ê : e Vre te
enactent V any state law, successiVn takes place.
(at ay be by erger Vr war). SuccessiVn takes place
by virtue V a

V î wV VbligatiVns are

tere: (a) î ~!
reaties) "(NVt inding)} (2)
î (Like EcVnVic And Judicial
Matters) {(inding On e New State)}
V Ê SuccessVr State
substitutes te predecessVr state and enjVys te rigts
and duties V te predecessVr except tVse V
pVlitical nature. î is substituted and alsV
are alsV substituted tV te successVrs
state.
V Ê
e Succeeding State is
at liberty tV take Vver Vr reject watever suits it in te
previVus legal Vrder.
V DevelVped during te later al V a th century and te
earlier al V 2th Century.
V ExpulsiVn V Vne AutVrity And e ExtentiVn O e

autVrity V te Vter state.
V e SuccessVr State dVes nVt exercise its jurisdictiVn

by virtue V î y te predecessVr
state but it exercises its jurisdictiVn because it as
#

V SuccessVr State is directed tV discarge certain VbligatiVns
V te îredecessVr State and in cange te SuccessVr State
EnjVys Certain V te îredecessVr Stateǯs rigts in te
InternatiVnal Field.
V is ApprVac Is Quite Use ul Regarding InternatiVnal

reaties And NVt Use ul Regarding Municipal Law.
V Ê Ê : SuccessVr State

is unencubered by te ecVnVic And pVlitical
cVitents V te predecessVrs.

International Law: STATE SUCCESSION

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V The Rule Of State Succession was incorporated from the

V      of succession is the transfer of

V According to Oppenheim, ³ A succession of international

(i) Succession in respect of part of a territor .

(ii) Newl independent states i.e. states emerged from

(iii) Uniting and separating of states.

Succeeding State Vr SuccessVr State

() Wen a state breaks intV several parts and eac

() When a part of state is ceded to another state.

(C) When a sovereign state looses part of its

  a a s that propert , rights and interest owned  a

  a ells aout the dut of the predecessor state to take

V Ê  a s that the succession of a state does not as such

V     îredecessor state entered into a contract, now,

V ~  Succeeding state will ave tV decide weter te

V  : NatiVnality V te new state is gained and

V Ê   î     Ê

V y       A State

V Exaple: A ter partitiVn V India, îakistan claied

(a) eVries V CVntinuity. (eVry V Universal

(2) Negative eVries.

() eVries IpVrting InternatiVnal Law.

() CVunist eVry O State SuccessiVn.

V    î    wV VbligatiVns are

V ExpulsiVn V Vne AutVrity And e ExtentiVn O e

V e SuccessVr State dVes nVt exercise its jurisdictiVn

V is ApprVac Is Quite Use ul Regarding InternatiVnal

V      Ê Ê : SuccessVr State

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V of succession is the transfer of

() Wen a state breaks intV several parts and eac

() When a part of state is ceded to another state.

a a s that propert , rights and interest owned a

a ells aout the dut of the predecessor state to take

V Ê a s that the succession of a state does not as such

V îredecessor state entered into a contract, now,

V ~ Succeeding state will ave tV decide weter te

V : NatiVnality V te new state is gained and

V Ê î Ê

V y A State

() CVunist eVry O State SuccessiVn.

V î wV VbligatiVns are

V Ê Ê : SuccessVr State