The vienna conventions on the law of treaties published on by oxford university press. State succession in respect of human rights treaties menno t. If the inline pdf is not rendering correctly, you can download the pdf file here. Introduction in the absence of consistent state practice, state succession in respect of treaties has long been a rather uncertain field of international law. This chapter discusses vienna convention on succession of states in respect of state property, archives and debts. According to the 1978 vienna convention on the topic, the predecessors treaties automatically bind the successor state article 34.
Vienna convention on succession of states in respect of treaties vienna, 23 august 1978 reproduced from united nations document aconf. Vienna convention on succession of states in respect of states property, archives and debts region subject international relations sub subject type conventions reference number place of adoption vienna, austria date of adoption april 8th 1983 date of ratificationadoption date of entry into force treaty status signature date date deposited. Vienna convention on succession of states in respect of treaties 1978 is the international instruments that has provided several international provisions regarding the state. Multilateral vienna convention on succession of states in respect of trea ties with annex. Convention in respect of its own succession of states which has occurred before the entry into force of the convention in relation to any other contracting state or state party to the convention which makes a declaration accepting the declaration of the successor state. In the light of all the information about the continuity theory of state succession, it is important to study it in the light of the relevant international treaties. The territory affected by state succession refers to the territory of predecessor and successor states. Vienna convention on the succession of states in respect of treaties vcsst 1978, 1946 unts 3. According to the 1978 vienna convention on succession of states in respect of treaties 1946 unts 3. Vienna convention on succession of states in respect of. The states parties to the present protocol and to the vienna convention on consular relations, hereinafter referred to as the convention, adopted by the united nations conference held at vienna from 4 march to 22 april 1963, expressing their wish to resort in all matters concerning them in respect of any dispute arising out of the. A successor state often acquires a new international legal personality, which is distinct from a continuing state. Pdf succession of states in respect of treaties researchgate. Succession of states is a theory and practice in international relations regarding successor states.
The date of the entry into force of the vienna convention with regard to a state 6 a treaty concluded by states after the entry into force of the convention with regard to these states. The vienna convention on state succession was perhaps impetus of rapid decolonization and emergence of new states along with other factors. Continuity theory of state succession a study with. English, french, arabic, chinese, russian and spanish. A few observations on the incoherent and unjustifiable solution adopted for secession and dissolution of states under the 1978 vienna convention. Newly independent and separating states succession to. According to the vienna convention on succession of states in respect of. The convention remained open for signature until 30 june 1984. A successor state is a sovereign state over a territory and populace that was previously under the sovereignty of another state. Vienna convention on state succession in respect of property.
Under the treaty, some provisions are stated which can be understood in the light of theory of continuity. It is that the subject is largely conliised and resistant to simple exposition. According to the 1978 vienna convention on the topic, the predecessors. The problem of state succession and the identity of states under international law 143 1 introduction if there is one common theme running through all recent literature on the law of state succession. Chapter 9 diplomatic relations, succession, continuity of. Vienna convention on succession of states in respect of treaties 523 majority at the plenipotentiary conference at vienna constituted another step in the codification of treaty law within the framework of the united nations, the first fruit of which was the. Concluded at vienna on 23 may 1969 authentic texts. The convention was adopted on 7 april 1983 and was opened for signature on 8 april 1983 by the united nations conference on succession of states in respect of state property, archives and debts. It should be added that the commentary to the draft articles on. Vienna convention on state succession hi respect of treaties. This approach is accepted by both the vienna convention on succession of states in respect of treaties of 1978 vc 1978 and the vienna convention on succession of states in respect of state property, archives and debts of 1983 vc 1983.
First, i concur that our diplomatic relations be conducted in accordance with the vienna convention on diplomatic relations and the vienna convention on consular relations, and in particular, that the status, privileges and immunities of the united states embassy and consulates and their respective members be governed by these agreements. Vienna convention on succession of states in respect of state property, archives and debts done at vienna on 8 april 1983 the states parties to the present convention, considering the profound transformation of the international community brought about by the decolonization process. Vienna convention on succession of states in respect of state property, archives and debts of 1983 published on 01 jan 2006 by brill nijhoff. The analysis of the vienna convention on succession of states in respect of treaties and the vienna convention on succession of states in respect of.
With the 2011 secession of south sudan from sudan and the international court of justices icj ruling in 2010 on kosovos unilateral declaration of independence, the issue of state secession, and, by extension, the issue of state succession, has recently been much in the news. Adopted for secession and dissolution of states under the 1978 vienna convention. The vienna convention on succession of states in respect of state property, archives and. Upo thne entry into force of the convention as between the states. The 1978 vienna convention on succession of states in respect of treaties hereafter, the 1978 vienna convention defines state succession as the replacement of one state by another in the responsibility for the international relations of territory article 2 1b. Concluded at vienna on 23 august 1978 authentic texts. The conference was convened pursuant to general assembly resolution 3611 of 10 december 1981 and 37112of 15 november 1982. To the traditional framework of solving situations of state succession to treaties we have added recent and concrete dimensions. Vienna convention on succession of states in respect of state property, archives and debts of 1983 in state succession and commercial obligations. Succession of states in respect of state responsibility lu dspace. The convention was adopted on 22 august 1978 by the united nations conference on the succession of states in respect of treaties and was opened for. Continuity theory of state succession a study with reference. Vienna convention on succession of states in respect of treaties done at vienna on 23 august 1978 the states parties to the present convention, considering the profound transformation of the international community brought about by the decolonization process, considering also that other factors may lead to cases of succession of states in the. A successor state may at the time of signing or of expressing its consent to be bound by the present convention make a declaration that it will apply the provisions of the convention provisionally in respect.
Vienna convention on succession of states in respect of treaties region. Nowadays, state succession in respect of treaties is mainly concerned with separation and dismemberment of states. We have analyzed in this paper the issue of succession of states to the international treaties related to the vienna convention on the law of. State succession carries a lot of problems, the first of them being the disappearance or appearance of a state, also known as the identitycontinuity of the state see state identity and continuity. Vienna convention on succession of states in respect of state property, archives and debts of 1983. Thus, chapters one and two provide a historical overview. This article examines the question of state succession to bilateral treaties. Convention on succession of states in respect of treaties from 1978 and the conference on succession of states in respect of state property, archives, and debts, adopted in vienna in 1983. Vienna convention on succession of states in respect of treaties the states parties to the present convention, considering the profound transformatio onf the international conmunity brought about by the decolonization process, considering also that other factors may lead to cases of succession of states in the future.
A successor state may, at the time of expressing its consent to be bound by the present convention or at any time thereafter, make a declaration that it will apply the provisions of the convention in respect of its own succession of states which has occurred before the entry into force of the convention in relation to any other contracting. The conference also adopted the optional protocol concerning the acquisition of nationality see p. States in respect of treaties and the vienna convention on succession of states in. Vienna convention on succession of states in respect of treaties done at vienna on 23 august 1978 the states parties to the present convention, considering the profound transformation of the international community brought about by the decolonization process. State succession to treaties does not apply to situations of military occupationof territory article 40 the vienna convention on succession of states in respect of treaties to preclude the validation in law of the situation created in fact. For example, while the 1978 vienna convention on succession of states in respect of treaties provided, in ac. The 1978 vienna convention on succession of states in respect of treaties provides for the continuity of obligations in respect of all treaties that were binding on the predecessor state. Under this rule, when certain territory becomes part of a new state, that state s treaties automatically begin applying to the territory.
Vienna convention on the law of treaties the convention was adopted on 22 may 1969 and opened for signature on 23 may 1969 by the united nations conference on the law of treaties. The vienna convention on succession of states in respect of state property, archives, and debts of 1983 the 1983 convention indicates that decolonizations are sui generis, 83 and the rules of succession to debts in decolonizations do not apply to other forms of succession. Succession of states legal definition of succession of states. State succession in treaties oxford public international law. Vienna convention on succession of states in respect of treaties done at vienna on 23 august 1978 the states parties to the present convention, considering the profound transformation of the international community brought about by the decolonization process, considering also that other factors may lead to cases of succession of states in the future. It was adopted partly in response to the profound transformation of the international community brought about by the decolonization process. Vienna convention on the law of treaties 4 the states parties to the present convention, considering the fundamental role of treaties in the history of international relations, recognizing the everincreasing importance of treaties as a source of international law and as a means of developing peaceful cooperation among nations, whatever their constitutional and social systems.
Vienna convention on succession of states in respect of treaties. Succession of states in respect of state responsibility. The vienna convention on consular relations and optional. Without prejudice to the application of any of the rules set forth in the present convention to which the effects of a succession of states would be subject under international law independently of the convention, the convention applies only in respect of a succession of states which has occurred after the entry into force of the convention except as may be otherwise agreed. The vienna convention on succession of states in respect of treaties is an international treaty opened for signature in 1978 to set rules on succession of states. The succession of states is one of the most complex, challenging and politicized problems in international law. And even with two conventions on the issue, it is still a battleground for opposing doctrinal views. The vienna convention on succession of states in respect of treaties, u. The conference was convened pursuant to general assembly resolutions 2166 xxi of 5 december 1966 and 2287 xxii of 6 december 1967. Pdf state succession in respect of treaties and notifications. Vienna conventions on state succession and the 2001 articles on state. Vienna convention on succession of states in respect of state.
Vienna convention on succession of states in respect of property, archives and debts concluded in vienna on 8 april 1983 entry into force. When a treaty provides that, on the occurrence of a succession of states, a successor state shall have the option to consider itself a party to the treaty, it may notify its succession in respect of the treaty in conformity with the provisions of the treaty or, failing any such provisions, in conformity with the provisions of the present convention. The problem of state succession and the identity of states. Succession in respect of treaties is the most famous field of state succession, and the vienna convention on succession of states in respect of. Vienna convention on succession of states in respect of treaties 1978 is the international instruments that has provided several international provisions regarding the state succession. It analyses the work of the international law commission undertaken in the 1970s and criticizes the solutions it has adopted in the 1978 vienna convention on succession of states in respect of treaties for different types of state succession. State succession in international law international law. Vienna convention on succession of states in respect of state property, archives, and debts. In 1962, at the high tide of modern decolonization the international law commission ilc took up the topic succession of states and governments on the recommendation of the united nations general assembly. State succession in respect of human rights treaties. The problem of state succession and the identity of states under. Secession, state succession and international arbitration.
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