STATE SUCCESSION

Introduction 

State Succession means the substitution of one State by another over a territory. As per  Article 2(1)(b) of the Vienna Convention on Succession of States in Respect of Treaties of 1978, State Succession has been defined as ‘the replacement of one State by another in the  responsibility for the international relations of territory.’ Therefore, State Succession deals  with the transfer of rights and duties of one international person to another as the  consequence of a territorial change.The State which has been replaced is known as the  ‘parent’ or ‘predecessor’ State, whereas the State which has replaced the other is known as  the ‘successor State’ or ‘new State’(only in some cases). 

The idea of a succession of an international person was introduced into international law by  Grotius from Rule of Roman Civil Law. The role of international law is to regulate these  events with minimum disruption and instability.This concept of State Succession is of  significance especially after the second World War. 

How does State Succession occur? 

SAM&DD acronym is useful for remembering when State Succession occurs.State  Succession occurs in the following circumstances 

S- Secession- The action of breaking away or formally withdrawing from a federation (i.e.  separation from the parent State). 

A- Annexation- The acquisition of legal sovereignty by one State over the territory of  another, usually by occupation or conquest. 

M- Merger- Unification of two or more states into a single legal sovereignty. 

D- Decolonization- The action of a State withdrawing from a former colony, leaving it  independent. 

D- Dismemberment- The action of partitioning or dividing up a territory or organization. 

Types of State Succession 

There are two types of State Succession. They are as follows 

1. Universal Succession-The succession is termed as Universal or Total Succession  wherein the personality of the predecessor or parent State is completely destroyed and 

is absorbed by another international person. It occurs as a result of merger,  annexation or subjugation. For example, dissolution of Czechoslovakia into Czech  Republic and Slovakia, annexation of Korea by Japan, unification of Germany  resulting from a merger between German Democratic Republic and Federal Republic  of Germany. 

2. Partial Succession- It takes place when a part of the territory is severed from the  parent State. In such case, personality is affected only to the extent of which territory  is transferred. It can be done either through secession or cession, or conquest and  annexation of a part, or through dismemberment (i.e. when a State is replaced by  two or more States). For e.g., division of India and Pakistan and further division of  Bangladesh from Pakistan. 

Theories of State Succession 

The following are the theories of State Succession 

1. Universal Succession Theory- It treats the process as the substitution of one State by  another. As per this view, the successor State enjoys all the rights and discharges all  obligations of its predecessor. It is known as universal succession because all the  rights and duties of the predecessor pass ipso jure to the successor as elements of the  State.In these cases, one State is completely extinguished and its sovereignty is  replaced by that of one or more State. The new State is regarded as direct heir of the  parent State. For e.g., dissolution of USSR. 

2. Continuity Theory- This theory was propounded by Max Huber. According to this  theory, there must be substitution plus continuation. In continuity theory, there is a  split from the parent State. For e.g., detachment of Pakistan from India. 

3. Negative Theory- As per this theory, Successor State does not succeed personality of  predecessor State. The successor State is based on the ‘clean slate principle’, under  which new States acquire sovereignty free from the burdens created by the  Predecessor State. It leaves upto the successor State to apply any rule which conforms  to its interests. 

Rights and Duties Arising out of Succession 

1. Political Rights and Duties- It is disputed as to the binding nature of treaties in case  of State succession. Succeeding State is not bound by the political treaties of the 

former State such as treaties of peace and neutrality. However, treaties pertaining to  territorial boundary are binding. 

2. Local Rights and Duties- A genuine succession takes place regarding this, i.e. the  succeeding State is bound to observe duties concerning land, rivers, railways, roads,  etc. German settlers in Poland case- It was held that private rights do not end by the  change of sovereignty. 

3. Public Property- Article 11 of the Vienna Convention on State property archives and  Debts 1983 states that property will pass to successor State without compensation.  Article 12 states that property, rights and interest owned by a third State is not  affected. Article 13 states the duty of the parent State to take all measures to prevent  damages and destruction of the State property which is to be passed on to the  successor State. 

4. Public Debt- Public debt means any financial obligation of the parent State. Successor  State would be liable for all public debt. Since it is accepting the benefit, it is its moral  obligation to also accept the burden. Public debt is distributed if there is split  according to territory and population of the Successor States. 

5. Contracts-Law pertaining to contracts on State succession is vague. It was held in West Rand Central Gold Mining Co. Ltd. V. King that the Successor State has the  entitlement to decide whether it will accept the financial obligation of the former State  or not. If it won’t accept such obligations, it won’t be liable in such cases. However,  in most cases the Successor State is bound by the contracts of the Parent State. 

6. State Archives- Article 20 the Vienna Convention 1983 defines State archives. Article  21 to 24 of the Convention states that generally such archives are passed on to the  Successor State. 

7. Torts- Successor State is not bound by the torts committed by the predecessor State. 8. Laws- Successor State has to decide whether the laws of the parent State will continue  or not. The court held in Philippine Sugar Estate Development Co. Ltd. v. United  States, that the civil law will continue unless changed; however, public law changes  after transfer of sovereignty. 

9. Nationality- Nationality of new State is gained and of parent State is lost. 10. Membership of International Organizations- The Successor States have to apply for  a new membership to international organization. However, Russia replaced the  membership of USSR in UN and other international organizations on dissolution.

11. Private Rights- A change of sovereignty does not itself terminate private rights  dependent on the previous sovereign’s laws. The practice suggests the duty of States  to respect Private rights of persons, whether proprietary, contractual or concessionary. 

Conclusion 

The laws on State Succession are vague at certain places and different decisions have been  taken with regards to rights and responsibilities acquired by the successor States. Most cases  are decided on facts. State succession is an integral part of international law as it simplifies  and overlooks the process of the becoming of the ‘successor State’.  

*All information has been taken from International Laws and Human Rights by Dr. H.O.  Agarwal* 

Vanya Agarwal, University of Petroleum and Energy Studies