State Succession Kevin Iraniha State Succession • Definition – Brownlee: Replacement of one state by another in respect of sovereignty over the territory – Vienna Convention: “succession of States” means the replacement of one State by another in the responsibility for the international relations of territory • Sources: – Convention: Vienna Convention on Succession of States in Respect of Treaties (1978), effective 1996 – Customary International Law State Succession • Problems: – Is successor state bound by all or any treaties of the predecessor? – Do the people automatically become nationals of the successor state? – Is the successor state affected by claims or debts of predecessors? – What happens to public and private property? • 2 differing principles: – Roman Law (Continuation) – New state continues the legal personality of the predecessor – ‘Clean Slate’ principle – New state acquires sovereignty free from encumbrances created by the predecessor state • Much depends on circumstances of the particular case as to if it will be a continuation or a ‘clean slate’ state State Succession • How? – Dismemberment of existing state • Soviet Union to Russian Federation (continuation) • Yugoslavia into Croatia, Slovenia, Bosnia-Herzegovina, Montenegro, Serbia, Kosovo, Macedonia = new independent states (Clean-slate) – Secession – withdrawing from a territory • Belgium (1830) from Netherlands • Bangladesh from Pakistan – Decolonization • India – remained same legal entity as British India (Continuation) • Pakistan – became a totally new state (‘clean slate’) – Merger of existing States • Yemen Arab Republic and People’s Democratic Republic of Yemen – Merged and became the Republic of Yemen (new State) • German Democratic Republic (GDR) and Federal Republic of Germany (FRG) – Merged and remained the FRG (Continuation) – Partial cession or annexation of territory • Hawaii Yugoslavia Dismemberment State Succession • State Property – Generally accepted to be ceded to the successor along with territory and sovereignty, unless cultural heritage or similar cases • Public Law Claims – Generally accepted that successor state has a right to take up fiscal claims belonging to former state – Example: Collecting Taxes • Public Debt – More controversial – Continuation = successor should assume public debts – ‘clean slate’ = sometimes remains with predecessor state, sometimes taken up by the successor state. • State Contracts (Treaties, etc.) – Article 16 states that newly independent states (decolonized states) receive a "clean slate", whereas article 34(1) states that all other new states remain bound by the treaty obligations of the state from which they separated. State Succession Nationality – Population follows the change of sovereignty – Treaty of Peace with Italy (1947) • Inhabitants of territory will become citizens of transferee with a right of option given – Minorities Treaty signed at Versailles: • Poland admits and declares to be Polish Nationals ‘ipso facto.’ New nationals can declare abandonment of Polish nationality within 2 yrs. – U.N. Charter • Change of Sovereignty doesn’t give new sovereign the right to dispose of the population – Human Rights Perspective • To prevent Stateless peoples, nationality shall be given by new sovereign • Problems to address by government of Successor State: – Alien residents in territory – Born abroad of parents who are nationals of former regime – Dual nationality with former regime State Succession Other Provisions • Even if a ‘clean slate’ state, they are still bound by ‘General International Law – Like Convention on the High Seas • Must conform to Boundary Treaties, even if treaty ceases to exist • Must conform with existing principles of Jus Cogens