What is state succession-
Succession is merger or absorption of one state by another
state or states. The state succession is distinguished from gout succession.
When succession take place than a state loses fully or a part of it’s territory;
while in government has been changed.
A
succession of international person (generally states) occurs when one or more
international person take place of another international person take place of
another international person fully or partly and all the right and liabilities
also transfer during the succession.
Art 2
(1) (b) of the Vienna
convention on succession of states in respect of treaties in 1978 defines the
term ‘state succession” as,” the replacement of one state by another in the
responsibility of the international relation of territory”.
The
rule of state succession was incorporated from the Roman law by Grotious. In
Roman law when a person dies his rights and duties are succeeded by his
successors. This principle was applied by Grotious in the International law as
well. Later on there were certain international treaties through which the
rules of state succession were developed. The law of state succession is still
developing.
Right and duties
arising out state succession
- Political Right and duties: No succession take place in respect of political duties and rights. Hence the succeeding state is not bound by the political treaties of the former state. State is not bound by the treaties of place or neutrality entered by the extinct state.
- Local right and duties: When any succession take place local right and duties. i.e. right relating to land, rivers, roads, railways etc. Also succeed from extinct (predecessor) state to succeeding state.
Permanent court of
International Justice” held that private rights do not end by the changes of
sovereignty.
3. Fiscal property debts:
when one or more international person (state) take place of another person is
called state succession; in state succession fiscal property debts also transferred
from extinct state to successor state.
4. Contracts: Predecessor
state entered into contract, now whether the successor state is bound by that
or not.
VS/
King
It was held that succeeding state
was entitled to decide whether it will accept the financial obligation of
former state or not if it won’t accept then it won’t be liable.
5. Concessionary Contracts :
If the existing state has granted certain concession like the right to operate
oil mines; laying of railways etc. then such contract will be binding on
succeeding state, because they are local nature.
But some of the writers/ Jurists
say that the concessionary contracts are not binding on succeeding state.
6. Lows s: Succeeding state will
have to decide whether the law have to decide whether the will be continue or
not.
7. Unliquidated damages for
tort: Compensation (damages) for unliquidated damages won’t exist in state
succession.
8. Nationality: National of
new state is gained and nationality of the predecessor state is lost.
9. Succession to property in
foreign state: Successor state will not only receive the property situated
with in the territory but also receive the property exist in outside the
territory which was belonging to predecessor state.
10.Succession of state Archives:
If no agreement was concluded in the case of cession the successor state; the
successor state should receive the part of the archives necessary for an
efficient administration of the acquired territory and all other document.
11. Treaty relations: Art 15 of
Vienna convention” treaties of the predecessor state are to be territory.