By Matthew Craven
The problem of nation Succession remains to be an essential, and complicated, point of interest for public overseas attorneys. The formative interval of decolonization marked, for plenty of, the time whilst overseas legislations 'came of age', while the guarantees of the UN constitution will be learned in a world neighborhood of sovereign peoples. through the Nineteen Nineties a sequence of territorial changes put succession once more on the centre of foreign felony perform, in new contexts that went past the conventional version of decolonization: the disintegration of the Soviet Union, Yugoslavia and Czechoslovakia, and the unifications of Germany and Yemen delivered to mild the continuing problems and inconsistencies within the center matters in the legislations of succession.
Why have makes an attempt to codify the perform of succession met with so little luck? Why has succession remained so troublesome a function of overseas legislation? This booklet argues that the solutions to those questions lie within the political backdrop of decolonization and self-determination, that the tensions and ambiguities that run all through succession are understood by way of the connection among discourses on kingdom succession, decolonization, and imperial ambition in the framework of overseas legislation.
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Additional resources for The Decolonization of International Law: State Succession and the Law of Treaties (Oxford Monographs in International Law)
Another question was that of timing: if the law of State succession was to play (p. 22 ) a part in resisting imperialism, then how might it be reconstructed along anti-colonial lines prior to the fact of decolonization itself? Insofar as it was always clear that the identification of a customary international law of State succession was dependent upon the weight of established practice (in classical terms, a ‘constant and uniform usage’), wouldn't the putative law of decolonization always be too late?
But the successor of international law steps into the rights and obligations of his predecessor as though they were his own… . While a person of private law can in law represent more persons than one, and so an heir can continue the personality of the deceased, that is impossible between States. A State is indivisible. Either there are two or more real States or there is only one: one cannot represent another only for a certain part of its dominion. Where a State acquires a dominion, it comes in with its own power as a State and does not succeed to that of its predecessor: its legal personality is extended to its new dominion.
This is not to say, of course, that the ‘succeeding State’ (for want of a better term) will not assume any rights or liabilities as a consequence of its acquisition of territory, but simply that what is, or is not, ‘inherited’ will be dependent first of all, upon the extent to which it is consistent with that sovereign's existing obligations, and secondly upon its compatibility with the ‘facts’ of the newly formed political situation. Two objections nevertheless remain: on the one side, there is the ‘corporate’ character of statehood that appears to deny the reality of ‘death’, and on the Critical Diagnostics other, the ‘indivisibility’ of sovereignty that seems to deny the possibility of inheritance.