Law & Legal Studies

Understanding the concept of state succession and its legal issues

Understanding the concept of state succession and its legal issues

The paper concludes that the concept of state succession has been and still continues to be a highly politicized issue, and it has been influenced by its interactions with the other fields of law.

Author

Adarsh Dubey, Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India.

Summary

The concept of perpetuity is not attributable to political entities. As a result of which, State successions have become a common phenomenon. State succession refers to the branch of international law which deals with the consequences of change of sovereignty over a given territory. When there is a change in the political sovereignty over a given territory, a number of issues with respect to international or municipal law may arise. This paper aims to highlight those issues. The paper attempts to diagnose the role that the international law plays in resolving the aforesaid issues.

The paper intends to elucidate the difficulties that might rise when state succession takes place, in the background of the two international conventions namely, The 1978 Vienna Convention on the Succession of States in Respect of Treatises and the 1983 Vienna Convention on the Succession of States in Respect of Property, Archives and Debts. Finally, the paper concludes that the concept of state succession has been and still continues to be a highly politicized issue, and it has been influenced by its interactions with the other fields of law.

Published in: Supremo Amicus

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