Succession of states
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Succession of states is a theory and practice in international relations regarding the recognition and acceptance of a newly created sovereign state by other states, based on a perceived historical relationship the new state has with a prior state. The theory has its root in 20th century diplomacy.
Succession may refer to the transfer of rights, obligations, and/or property from a previously well-established prior state (the predecessor state) to the new one (the successor state). 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.
A difficulty arises at the dissolution of a larger territory into a number of independent states. What may become a matter of contention is a situation where one successor state seeks either to continue to be recognised under the same federal name of that of its predecessor or to assume the privileged position in international organisations held by the preceding federation. Such states are then considered as a "continuator state".
International convention since the end of the Cold War has come to distinguish two distinct circumstances where such privileges are sought by such a successor state, in only the first of which may such successor states assume the name or privileged international position of their predecessor. The first set of circumstances arose at the dissolution of the Union of Soviet Socialist Republics (USSR) in 1991. One of this federation's constituent republics, the Russian Federation, was declared the USSR's continuator state on the grounds that it contained 51% of the population of the USSR and 77% of its territory. In consequence, Russia agreed that it would acquire the USSR's seat as a permanent member of the United Nations Security Council. This was also accepted by the rest of the former states of the USSR; in a letter dated 24 December 1991, Boris Yeltsin, at the time President of the Russian Federation, informed the Secretary-General that the membership of the Soviet Union in the Security Council and all other United Nations organs was being continued by the Russian Federation with the support of the 11 member countries of the Commonwealth of Independent States. All Soviet embassies became Russian embassies.
This resolution was in sharp contrast to the manner in which the United Nations dealt with the claim of the federation of Serbia and Montenegro to be recognised as the continuation of the state of Yugoslavia (albeit as the Federal Republic of Yugoslavia as opposed to the Socialist Federal Republic of Yugoslavia). These two republics shared in common less than half of the population and territory of the former federation and in 1992 the UN refused to allow the new federation to sit in the General Assembly of the United Nations as a successor state under the name of "Yugoslavia". After Slobodan Milosevic was overthrown in 2000, the Federal Republic of Yugoslavia accepted Resolution 777 and successfully joined the UN. From 1992 to 2003, many states uneasily referred to the state as the Former Federal Republic of Yugoslavia. In 2003, the state became a political union called the State Union of Serbia and Montenegro. In 2006, Montenegro, and then Kosovo, declared independence, with Serbia being the successor state.
On the other hand, the Baltic states represent a special case. Due to the non-recognition by the majority of states of the incorporation of Estonia, Latvia and Lithuania into the Soviet Union in 1940, most states accepted the claim by the Baltic states that they had restored their independence in 1991 and were identical to the pre-1940 states, and thus were not considered to be successor states of the Soviet Union. As a consequence, the Baltic states were able to simply re-establish diplomatic relations with many countries, re-affirm pre-1940 treaties still in force and resume membership to many international organisations.
- Diadochi, the successors to Alexander the Great.
- Predecessors of sovereign states in Europe.
- Predecessors of sovereign states in South America.
- The Republic of Indonesia, the current successor state of the United East India Company.
Exceptions to orderly succession
There are several recent examples where succession of states, as described above, has not been entirely adhered to. This is only a list of the exceptions that have occurred since the creation of the United Nations. In previous historical periods, the exceptions would be too many to list.
- When the Democratic Kampuchea regime of Pol Pot was militarily displaced by the Vietnamese-backed People's Republic of Kampuchea, the country's United Nations seat continued to be held by Democratic Kampuchea for many years.
- The Taliban state in Afghanistan (the Islamic Emirate of 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, was recognized as the legal successor by the United Nations, and representatives from Belgrade continued to hold the original Yugoslavian UN seat; however, the United States refused to recognize it. In 1992, under American influence, the Security Council on September 19 (Resolution 777) and the General Assembly on September 22, retired their recognition 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; in 2006, Montenegro declared independence and Serbia inherited the seat.
- The People's Republic of China (PRC) was established in 1949 in Mainland China, claiming ′succession′ from the Republic of China (ROC). However, the succession of the PRC as the state of "China" was not initially recognized by many states because the ROC continued to exist on the island of Taiwan and other islands, such as Penghu, Kinmen, and Matsu. Despite this situation, the ROC in Taiwan maintained their membership as ′China′ in the United Nations, and a permanent seat on the UN Security Council. However, the PRC was granted the seat of "China" in the United Nations and Security Council in 1971, in place of the ROC which was expelled through the adoption of General Assembly Resolution 2758, and was recognized as the successor state of the ROC.[dubious ] As of 2014, the PRC exercises sovereignty over mainland China, while the ROC exercises sovereignty over Taiwan Area and some minor islands, with both claiming to be the sole legitimate government of both the mainland and Taiwan.
- Comparative history
- International law
- Translatio imperii
- Universal history
- Vienna Convention on Succession of States in respect of Treaties
- [dead link]
- Bühler, Konrad G. (2001). State Succession and Membership in International Organizations. Legal Aspects of International Organization Series. Volume 38. Martinus Nijhoff Publishers. pp. 161–4. ISBN 9789041115539.
- "Member States of the United Nations - Russia*". the United Nations. Retrieved 28 December 2013.
- Bühler, Konrad G. (2001). State Succession and Membership in International Organizations. Legal Aspects of International Organization Series. Volume 38. Martinus Nijhoff Publishers. pp. 177–9. ISBN 9789041115539.
- Burgenthal/Doehring/Kokott: Grundzüge des Völkerrechts, 2. Auflage, Heidelberg 2000 (German)
- European Journal of International Law – State Succession in Respect of Human Rights Treaties
- Wilfried Fiedler: Der Zeitfaktor im Recht der Staatensukzession, in: Staat und Recht. Festschrift für Günther Winkler, Wien, 1997, S. 217-236. (German)
- Wilfried Fiedler: Staatensukzession und Menschenrechte, in: B. Ziemske u.a. (Hrsg.), Festschrift für Martin Kriele, München 1997, S. 1371-1391 (German)