Succession of states

Succession of states is a concept in international relations regarding a successor state that has become a sovereign state over a territory (and populace) that was previously under the sovereignty of another state. The theory has its roots in 19th-century diplomacy.^[1] A successor state often acquires a new international legal personality, which is distinct from a continuing state, also known as a continuator or historical heir, which despite change to its borders retains the same legal personality and possess all its existing rights and obligations (such as a rump state).^[2]

Partial and universal state succession

A state succession can be characterized as either being universal or partial. A universal state succession occurs when one state is completely extinguished and its sovereignty is replaced by that of one or more successor states. A partial state succession occurs when the state continues to exist after it has lost control of a part of its territory.^[3]

An example of a partial state succession is the case of the split of Bangladesh from Pakistan. There was no challenge to Pakistan's claim to continue to exist and to retain its membership of the United Nations: it was a continuator and not a successor. Bangladesh eventually was recognized as a new state: it was a successor and had to apply for UN membership.

An example of a universal state succession is the dissolution of Czechoslovakia. Neither part claimed any continuity: both the Czech Republic and Slovakia were new successor states.

There are cases where a state is completely extinguished or abolished without having any successor states. Cases like this occur when, for example, one state is annexed or conquered by another and ceases to exist even in nominal form (i.e., not even a "government in exile" is established). The most recent case is the

Rights and obligations

Consequent upon the acquisition of

In their application to the acquisition of independence, distinctions should be drawn between different cases though the line of demarcation is not always clear:[6]

• Bilateral and multilateral treaties necessarily give rise to different considerations.
• There are real treaties and personal treaties. Real treaties affect the territory itself, such as boundary agreements or the grant of transit rights, which can continue irrespective of the personality of the state. The new state must take over the country in the condition in which it finds it, as the parent state cannot give more than it possesses. Such treaties can be described as "treaties creating purely local obligations."^[6]

Exceptions to orderly succession

There are several recent examples where a succession of states, as described above, has not been entirely adhered to. This is mostly a list of the exceptions that have occurred since the creation of the United Nations in 1945. In previous historical periods, the exceptions would be too many to list.

Afghanistan

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. In 2021, the Taliban again took power, but as of 25 August 2022,^[update] it does not have the Afghanistan UN seat.^[7]

China

In Chinese history, periods of prolonged political division and dynastic transition saw the existence of more than one "China" at the same time.^[8] China was politically divided during several sustained periods historically, with two or more states simultaneously existing on territories associated with "China" and claiming to represent "China". Examples include the Spring and Autumn, Warring States, Three Kingdoms, Sixteen Kingdoms, Northern and Southern dynasties, Five Dynasties and Ten Kingdoms periods, Warlord Era and the Chinese Soviet Republic among others. Just as the PRC and the ROC formally claim exclusive mandate over the entirety of China,^[9][10][11] historical Chinese dynasties that existed during periods of sustained political disunity often claimed exclusive Chinese politico-cultural orthodoxy at the expense of others.

During dynastic transitions, it was rare for one dynasty to end abruptly and transition smoothly to a new one, resulting in the existence of more than one entity claiming to be "China".^[12] For instance, during the Ming–Qing transition, the Ming dynasty existed alongside the Qing dynasty from 1636 to 1644. The predecessor of the Qing dynasty, the Later Jin dynasty, was established in 1616 and ruled over northeastern China whilst the Ming dynasty ruled over China proper.^[13] Following the fall of the Ming dynasty in 1644, remnants of the Ming imperial family, whose regime is known in historiography as the Southern Ming dynasty, continued to rule parts of southern China until 1662.^[14] Multiple ephemeral regimes also existed during this period, including the Shun and Xi dynasties on mainland China, and the Ming loyalist Kingdom of Tungning on Taiwan.

Republic of Ireland

Ireland, then called the Irish Free State, seceded from the United Kingdom under the Anglo-Irish Treaty of 1922. The new state took the view that when a new state comes into being after formerly being part of an older state, its acceptance of treaty relationships established by the older state is a matter for the new state to determine by express declaration, or by conduct in the case of each individual treaty.^[6] In practice, however, the Irish regarded the commercial and administrative treaties of the United Kingdom of Great Britain and Ireland previously applying to the territory of the Irish Free State as remaining in force.^[6]

Israel

Israel took the view that, by virtue of its declaration of independence in 1948, a new international personality from Mandatory Palestine was created, and that it started with a clean slate, and was bound only by such of the former international obligations affecting the territory as Israel might accept.^[6]

Kampuchea/Cambodia

When Democratic Kampuchea led by Pol Pot was militarily displaced by the Vietnamese-backed People's Republic of Kampuchea, the country's United Nations seat was held by Democratic Kampuchea for many years. It is now held by the Kingdom of Cambodia.

Korea

When the

South Korea resumed membership to international organizations such as the Universal Postal Union and re-affirmed that pre-1910 treaties were still in force.^[16]

Ottoman Empire/Turkey

There is some debate over whether the modern

The question of state succession is relevant to the issue of Armenian genocide reparations.^[18]

Pakistan

After Pakistan was created in 1947, it claimed that it was automatically a member of the United Nations. The United Nations Secretariat however expressed the following opinion:^[6]

From the viewpoint of International Law, the situation is one in which part of an existing State breaks off and becomes a new State. On this analysis there is no change in the international status of India; it continues as a State with all treaty rights and obligations, and consequently with all rights and obligations of membership in the United Nations. The territory which breaks off—Pakistan—will be a new State. It will not have the treaty rights and obligations of the old State and will not, of course, have membership in the United Nations. In International Law, the situation is analogous to the separation of the Irish Free State from Britain, and Belgium from the Netherlands. In these cases the portion which separated was considered a new State, and the remaining portion continued as an existing State with all the rights and duties which it had before.

Soviet Union

International convention since the end of the

After four of the six constituent republics of the

The first negotiations on succession issues of the former Socialist Yugoslavia began in 1992 within the framework of the Working Group on Succession Issues of the

• SFR Yugoslavia
  succession dropped in 2000)
• The Islamic Republic of Iran, successor state to the Imperial State of Iran
• Sudan, the reduced state after the creation of South Sudan
• Predecessors of sovereign states in Africa
• Predecessors of sovereign states in Asia
• Predecessors of sovereign states in North America
• Predecessors of sovereign states in South America
• Predecessors of sovereign states in Europe
• Predecessors of sovereign states in Oceania

See also

• Comparative history
• International law
• Translatio imperii
• Vienna Convention on Succession of States in respect of Treaties
• State continuity of the Baltic states
• Timeline of historical geopolitical changes
• Peaceful transition of power
• Odious debt
• Rump state

References