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 su•ect 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 a•out 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 equita•l as possi•le. (Records are to •e protected).

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

affect the rights and o•ligations 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 o•ligation of the former state or not if
it won¶t accept then it won¶t •e lia•le.
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.