state succession

State succession arises on decolonisation, merger, separation or dissolution, for example the partition of British India in 1947, the break-up of the USSR and Yugoslavia, or the unification of Germany. The questions are which treaties, property, archives, debts and nationality pass to the new State.

Two conventions address it: the Vienna Convention on Succession of States in respect of Treaties, 1978, and the Vienna Convention on Succession of States in respect of State Property, Archives and Debts, 1983, though they are not widely ratified. Newly independent States have often applied a “clean slate” approach to treaties, while boundary treaties are generally inherited. State succession differs from a change of government, which does not affect the State's identity or obligations.

Example

On partition in 1947, India was treated as continuing the international personality of British India, while Pakistan was a new State; this was a question of state succession.

In Indian law

• Vienna Convention on Succession of States in respect of Treaties, 1978

See also

recognition · uti possidetis juris · treaty

Read more in the study notes

• Schools of Hindu law: Mitakshara and Dayabhaga (Family Law I - Hindu Law)
• Joint Hindu family and coparcenary (Family Law I - Hindu Law)
• Succession to a Hindu male dying intestate (Family Law I - Hindu Law)
• The Hindu Succession (Amendment) Act, 2005 (Family Law I - Hindu Law)
• Gifts, wills and testamentary succession (Family Law I - Hindu Law)
• Sources of Muslim law (Family Law II - Mohammedan Law)