Universal Succession
Universal Succession is a form of State Succession and happens when the identity of a State is totally lost or destroyed.
This happens in many forms:
1. Subjugation
Subjugation happens when one state conquers another by force destroying the identity of the later.
Examples:
The sovereign state identity of Tibet was lost when China subjugated it. Hence
2. Voluntary merger
This happens when one State merges with another thereby one of the State loses its identity.
Examples:
Sikkim was an independent State and lost its identity when it merged with India.
East Germany and West Germany merged thus losing their identity to become Germany.
3. Breakup
This happens when a State gets dividend into separate parts.
East Timore separated from Indonesia.
Partial Succession
Partial Succession is a form of State Succession when a States loses its territory while retaining the personality and legal
responsibility.
1. Secession / Achieving Independence
A part of a State may achieve independence from another by means of a revolution or agreement or is split into two states.
Example:
Bangladesh separated from Pakistan and became an independent nation
Secession of Estonia, Latvia and Lithuania in 1991 from USSR
2. Cession
A sovereign State surrenders some portion of its territory to another sovereign State.
Example:
Beriberi
3. Purchase
A sovereign State can purchase a territory from another State.
Example:
USA purchased Alaska from Soviet Russia
4. Federation
States can form federations due to their geological, physical and economical structure. While forming the Federation, the small state
may lose its part of independence in a limited manner.
Example:
Senegal and Gambia formed a federation yet retaining their independence and identity.
5. Referendum
A referendum could allow people of a State to decide to become independent or to stay united with its parent state.
Example:
Elections in East Timore conducted under the ages of the United Nations Organization showed that a majority of people elected to
separate it from Indonesia and be an independent nation. Hence East Timore got the recognition of a State by referendum.
Theories of State Succession:
1. 1.TheContinuity Theory is a theory in State Succession. According to this theory, the successor steps into the shoes
of the predecessor and continues the rights and obligations. Hence succession in this case is substitution plus
continuation. According to this doctrine, the policies, procedures and forms of Government does not change the legal
identity of a State. Every new Government succeeds to the rights and obligations of the predecessor Government. it
protects the contracts, treaties and liabilities that are under taken by the previous Government. it gives stability to the
State and strengthens the relations between States.".
2. The Negative Theory is a theory in State Succession Theory. This theory says that the sovereignty of the predecessor
State over the absorbed territory is abandoned. The successor State does note exercise jurisdiction over the territory in
virtue of a transfer of power from its predecessor but solely because it has acquired the possibility of expanding its own
sovereignty in the manner dictated by its own will. The succeeding State is in no way bound to respect the rights and
obligations of the State which has ceased to exist. disadvantage' This theory does not solve the problems but has
created newer problems.
3. The Importing International Law Theory is a theory in State Succession. This is a compromise between the
continuity Theory and negative Theory. This theory states that succeeding State has to follow international law.
Example' An example contrary to this theory is when Soviet Russia agreed to supply weaponry rockets to India but
post-split, it didn’t supply following pressure from USA.
4. The Communist Theory is a theory in State Succession. This theory says that the succeeding State is unencumbered
by the economic and political commitments of the predecessor State.
