(Redirected from Succession of states theory)
'Succession of states' is a
theory in
international politics regarding the acceptance by other
states of a newly created state, based on a perceived historical relationship with a prior state. It may refer to the transfer of rights, obligations, and/or property from a prior state to the
successor state and has its root in 19th century
diplomacy.
Transfer of rights, obligations, and property can include overseas assets (
embassies,
monetary reserves,
museum artifacts), participation in
treaties, membership in
international organizations, and
debts. Often a state chooses piecemeal whether or not it wants to be considered the successor state. A special case arises, however, when the
predecessor state was signatory to a
human rights treaty, since it would be desirable to hold the successor state accountable to the terms of that treaty, regardless of the successor state's desires.
In an attempt to codify the rules of succession of states the
Vienna Convention on Succession of States in respect of Treaties was drafted in
1978. It
entered into force on
November 6,
1996.
[1]
One recent example of state succession occurred with the dissolution of the
Union of Soviet Socialist Republics (USSR) in
1991. The
Russian Federation was declared the USSR's successor state and acquired the USSR's seat as a permanent member of the
United Nations Security Council; see ''
Russia's membership in the United Nations''.
In general the theory is followed in the world community: a new government might be distasteful to others but pragmatically it must be recognized if it exercises ''
de facto'' control over all of the predecessor state's territory.
Exceptions
There are several recent examples where succession of states, as described above, has not been entirely adhered to:
★ When the
Democratic Kampuchea regime of
Pol Pot was militarily displaced by the
Vietnamese-backed People's Republic of
Cambodia, the
United Nations seat continued to be held by Democratic Kampuchea for many years.
★ The
Taliban state (the
Islamic Emirate of Afghanistan) in
Afghanistan became the ''de facto'' government of nearly all the country in the mid-
1990s, but the
Afghan Northern Alliance was still recognised by many nations and retained the UN seat.
★ After four of the six constituent republics of the
Socialist Federal Republic of Yugoslavia seceded in
1991 and
1992, the
rump state, renamed the
Federal Republic of Yugoslavia, claimed to be the legal successor, but was not recognised as such by the
United States, and because of its influence, neither by the United Nations on the theory that the Socialist Federal Republic of Yugoslavia
had dissolved. The Federal Republic of Yugoslavia (later renamed
Serbia and Montenegro) was admitted to membership in the United Nations in
2000; recently,
Montenegro declared independence and
Serbia inherited the seat.
★ The
People's Republic of China (PRC) was declared in
1949 as the successor state of the
Republic of China (ROC) also
Qing Dynasty and exercised sovereignty over
mainland China, but the ROC maintained a seat on the
Security Council for many years. Eventually, the PRC was admitted to the Security Council in 1971 in place of the ROC.
See also
★
International law