The Rule Of State Succession was incorporated from the

Roman Law by Grotius..

In Roman Law when a person died his rights And duties were succeeded by his successors. This principle was applied by Grotius in the international law.

Dictionary Meaning of succession is the transfer of sovereignty over a territorial entity from one subject of International Law (i.e. One State) to another.

Basically it is the expulsion of the sovereignty of one state and the extension of the sovereignty of another state.

According to Oppenheim, “ 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.”

Article 1 of The Vienna Convention on The Succession of States in Respect of Treaties, 1978, Deals With The Case Of Succession of States under three main headings:

(i) Succession in respect of part of a territory.

(ii) Newly independent states i.e. states emerged from former dependent territory.

(iii) Uniting and separating of states.

Predecessor State or extinct State

Succeeding State or Successor State

REASONS FOR SUCCESSION: War, Merger, State breaking into several parts and each part becomes a separate international person, revolt in a state, cession ( when a part of state territory is given to other state to exercise sovereignty over that), A state gets the protection of other state, A state is under the suzerainty of other state.

Basically of two types: Universal Succession And Partial Succession.

Universal Succession: (A) When a state is completely merged with

another state ( Either through subjugation or voluntary merger).

(B) When a state breaks into several parts and

each part becomes a separate international person.

Partial Succession:

(A) When a state revolts and after achieving freedom becomes a separate international person. (Bangladesh).

(B) When a part of state is ceded to another state.

(C) When a sovereign state looses part of its independence by joining the Fedral state or when a state becomes a protectorate of another state or when a state accepts the suzerainty of another state.

Political Rights And Duties: Succeeding State is not bound by the political treaties of the former state such as treaties of peace and neutrality.

Local Rights And Duties: A genuine succession takes place regarding this i.e. the succeeding state is bound to observe duties concerning land, rivers, railways, roads etc.

German Settlers In Poland PCIJ 1023 (Series B. No. 6) It was held that private rights do not end by the change of sovereignty.

State Property: Article 11 of The Vienna Convention On State

Property, Archieves And Debts, 1983, says that property will pass over to other state without compensation.

Article 12 says that property, rights and interest owned by a third state is not affected. (Rights of third states are not affected by succession.)

Article 13 tells about the duty of the predecessor state to take all measures to prevent damage and destruction of the state property which is to be passed to the succeeding state.

Section 25 And Section 28 is concerning the preservation of the state achieves so that the states can be benefitted as widely and as equitably as possible. (Records are to be protected).

Section 38 says that the succession of a state does not as such affect the rights and obligations of the creditors. (Creditors rights are not affected).

Contracts: Predecessor state entered into a contract, now, whether the successor state is bound by that or not.

West Rand Central Gold Mining Co. Ltd. V. King (1905) 2 K.B 391): Succeeding state was entitled to decide whether it will accept the financial obligation of the former state or not if it won’t accept then it won’t be liable.

Concessionary Contracts: Like Digging of mines, laying of the railways etc. They are of local nature and that is why they are binding on the succeeding state.

Laws: Succeeding state will have to decide whether the laws of the predecessor state will continue or not. (generally civil laws are continued).

Nationality: Nationality of the new state is gained and nationality of the predecessor state is lost.

Succession To The Property In Foreign States

No Succession regarding that.

By Fulfilling The Requirements Of U.N. A State may become a member of U.N.

Example: After partition of India, Pakistan claimed that it had attained the membership of U.N. because India was its member. But it was held that Pakistan Had To Apply independently for the membership of U.N.

According to D.P.O.Connell there are four main theories of State Succession and these are:

(1) Theories of Continuity. (Theory of Universal Succession, Theory of Popular Continuity, Theory of Organic Substitution, Theory of Self Abnegation).

(2) Negative Theories.

(3) Theories Importing International Law.

(4) Communist Theory Of State Succession.

Theory of Universal Succession: Before the enactment of any state law, succession takes place. (That may be by merger or war). Succession takes place by virtue of a legal principle antecedent to the enacted law of society.

Theory of Popular Continuity: Two obligations are there: (1) Obligation of Political Character (Like Treaties) {(Not Binding)} (2) Obligation of Patrimonical Character (Like Economic And Judicial Matters) {(Binding On The New State)}

Theory of Organic Substitution: Successor State substitutes the predecessor state and enjoys the rights and duties of the predecessor except those of political nature. Property is substituted and also encumbrances are also substituted to the successors state.

Theory of Self Abnegation: The Succeeding State is at liberty to take over or reject whatever suits it in the previous legal order.

Developed during the later half of 19th century and the earlier half of 20th Century.

Expulsion of one Authority And The Extention Of The authority of the other state.

The Successor State does not exercise its jurisdiction by virtue of Transfer of Powers by the predecessor state but it exercises its jurisdiction because it has got an opportunity to expand its sovereignty according to its will.

Successor State is directed to discharge certain obligations of the Predecessor State and in change the Successor State Enjoys Certain of the Predecessor State’s rights in the International Field.

This Approach Is Quite Useful Regarding International Treaties And Not Useful Regarding Municipal Law.

Communist Theory of State Succession: Successor State is unencumbered by the economic And political commitments of the predecessors.