STATE SUCCESSION

Dr. AMIRTHALINGAM. S
Associate Professor of Law
TNNLS
Trichy
STATE AND STATEHOOD
Permanent Population
Definite Territory
Government
External Sovereignty
(able to follow international relations)
Montevideo Convention on Rights of
Duties of the State, 1933

Recognition
 SUCCESSION OF STATE
Succession of state occurs
when
one state ceases to exist or
a new state is formed
within the territory of
an existing state or
territory is transferred from
one state to another
 SUCCESSION OF STATE IS MISNOMER
Succession of international person occurs
when one or more international persons
take place of another international person,
in consequence of certain changes in the
latters condition
Oppenheim

The term state succession has been

objected to as begging the question which
any investigation of the consequences of
change of sovereignty seeks to resolve
O Connell
ACQUISITION OF STATE TERRITORY
OCCUPATION
Island of Palmas Arbitration Case
PRESCRIPTION
ACCRETION
CESSION
ANNEXATION
LEASE
PLEDGE
PLEBISCITE
LOSS OF STATE TERRITORY
CESSION
OPERATION OF NATURE
SUBJUGATION
PRESCRIPTION
REVOLT
DERELICTION
GRANTING OF INDEPENDENCE TO A
COLONY BY THE IMPERIALIST STATE
 ABSORPTION AND MERGER
SECESSION OF TERRITORY FROM ONE
STATE TO ANOTHER
DISSOLUTION OF STATES
NEWLY INDEPENDENT STATES
KINDS OF STATE SUCCESSION

UNIVERSAL SUCCESSION

PARTIAL SUCCESSION
RIGHTS AND DUTIES ARISING OUT OF
STATE SUCCESSION
POLITICAL RIGHTS AND DUTIES
LOCAL RIGHTS AND DUTIES
FISCAL PROPERTY DEBTS
CONTRACTS
LAWS
TORT
NATIONALITY
PROPERTY
STATE ARCHIVES
TREATIES
 SUCCESSIONIN RESPECT TO
MEMBERSHIP OF THE UNITED
NATIONS

SUCCESSION
IN RESPECT TO
INTERNATIONAL
ORGANISATION
SUCCESSION TO THE TREATY
THEORIES OF STATE SUCCESSION
THEORIES OF CONTINUTITY

NEGATIVE THEORIES
THEORIESIMPORTING
INTERNATIONAL LAW
COMMUNIST THEORY
 SUCCESSION TO
ASSESTS AND DEBTS
STATE SUCCESSION AND
NATIONALITY
CLEAN SLATE THEORY
BELGIUM AND NETHERLANDS
(SECESSION WAS HELD IN 1830)

CUBA FROM SPAIN

 MEMBER OF INTERNATIONAL
ORGANISATIONS
SUCCESSION TO ASSESTS AND DEBTS
STATE PROPERTY
STATE ARCHIVES
PUBLIC DEBT
PRIVATE RIGHTS
 SUGGESTED READING
Charles H. Alexandrowicz, New and Original States: The Issue of
Reversion to Sovereignty, 45 (3) Wiley Royal Institute of International
Affairs (1969), pp 465-480, URL: http://www.jstor.org/stable/2614823.
Rudolf Graupner , Nationality and State Succession General
Principles of the Effect of Territorial Changes on Individuals in
International Law, 32, International and Comparative Law (1946),
pp. 87-120 URL: http://www.jstor.org/stable/743190
Matthew C.R. Craven, The Problem of State Succession and the
Identity of States under International Law, 9 European Journal of
International Law (1998), PP 142-162
Louis Henin, adeleine . Albright, Lee Hailton, John . Rhinelander, dwin
. Williason and James R. Crawford ,
State Succession and Relations with Federal States, 86 American
Society of International Law (1992), pp. 1-23, URL:
http://www.jstor.org/stable/25658612
Josef L. Kunz ,Identity of States Under International Law, 49 (1) The
American Journal of International Law, (1955), pp. 68-6 , URL:
http://www.jstor.org/stable/2194103