STATE
SUCCESSION
• Changes with respect to territory and
legal identity of a State leads to a
phenomenon of Succession
• Succession- Replacement of one
international person due to changing
circumstances by other/s
It involves transfer of territory from
SUCCESSION •
previous state (known as predecessor
State) to the new State (termed as
Successor State)
• Change in the regime or change in the
polity does not mean State succession
• Changes in regime does not affect the
continuity of States
KINDS OF STATE SUCCESSION
Universal Succession Partial Succession
• Identity of a predecessor State is
• Part of a State is severed from the
destroyed completely. predecessor State
• The identity is completely replaced • The legal identity of parent State or
or absorbed by a new entity. predecessor State is not destroyed
completely
• Occurs as a result of full
disintegration of one • The identity partially changes with
State, complete merger or respect to a new territory.
annexation of one State by the other • Result of civil war and consequent
secession
Disintegration of USSR into Russia,
Ukraine, Latvia, Esthuania and many
central Asian States
1. Former Yugoslavia disintegrated in 1991-
D I S I N T E G R AT I O N 1992 into small States of Bosnia &
OR BREAK-UP OF Herzegovina, Serbia, Montenegro, Croatia
S TAT E etc.
Czechoslovakia split into two republics-
Czech republic and Slovakia
2. MERGER
• There can be partial or complete merger
• Two or more States merge to create a single new State
• 13 colonies decided to come together to establish federation
of USA
• An independent princely State Sikkim decided to merge with
India.
• Egypt and Syria decided once to merge and form United
Arab Republic in 1958
3. ANNEXATION OR CESSION
• A State annexes other State or portion of territory of that
State in a war or by war or by force
• A portion of territory is transferred from one State to the
other. A territory is ceded.
• India has transferred some enclaves to Bangladesh and Vice-
versa
• Russia annexed portion of Ukrain in 2014
• Germany annexed Czechoslovakia, portion of Austria etc. In
1938
PARTITION
• Part of a State seceeds and declares itself independent
• Brititsh India during the event of decolonization was
partitioned into India and Pakistan
• Pakistan was Partitioned into Pakistan and Bangladesh in
1971
• Sudan was partititoned into Sudan and South Sudan
• Korea was partitioned into North and South Korea in 1953
4. DECOLONIZATION
• A colony becomes independent from the colonial rulers and
comes into existence as one or more independent States
• British ruled India became independent and there came into
existence two independent States.
• Laos, Cambodia were decolonized by France
• Japan decolonized Korea
• South American countries were decolonized from Sanish and
Portuguese rule
EFFECTS OF STATE SUCCESSION
1. Treaties-
a. Personal/Political treaties- Not binding on successor State
b. Commercial Treaties- Generally get extinguished with succession
c. Administrative treaties- Treaties of extradition, treaties avoiding double taxation
depends upon the discretion of successor State. Generally continued.
d. Dispositive treaties- binding upon the Successor State. They create permanent
obligations. Eg. Allowing passage for oil pipelines, international railway
connections, navigation through waterways, permanent boundary settlement etc.
EFFECTS OF STATE SUCCESSION
2. Membership of International Organization:
Generally successor States have to apply fresh for membership of international
organization.
Debate over continuation of India's membership to UN, WHO< IMF, FAO etc.
3. Public Property-
Immovable property passes on to the successor State.
For movable property within the territory- Successor State takes over. For
property outside the territory, equitable division takes place.
EFFECTS OF STATE SUCCESSION
4. Public Debt- Financial obligations of predecessor State towards another State
Successor State generally does not consider itself bound by the debts.
In case if it is deriving benefits, it is a moral obligation to take responsibility of debts
in proportion.
5. Contracts and Torts-
Contracts creating permanent rights are respected by Successors. But it is a matter
of discretion
Successor State is not bound to assume tortious liability of predecessor
6. Laws- Laws continue to be operative in successor State till new laws are enacted.
Rights and duties arising out of previous laws in courts have to be enforced.
