Succession of states in respect of state responsibility: towards yet another Vienna Convention
Date
2020
Authors
Kaplane, Anastasija
Journal Title
Journal ISSN
Volume Title
Publisher
Riga Graduate School of Law
Abstract
The end of the twentieth century was characterised by a series of state dissolution cases, such as the breakup of Czechoslovakia, the Socialist Federalist Republic of Yugoslavia, and the Soviet Union. In that context, the rules on state succession regained relevance, with the issue of state succession in respect of international responsibility becoming central. The topic first attracted the attention of the academic community and subsequently was chosen by the International Law
Commission for study and codification. The present article examines the historical evolution of the rules on the succession of
states, providing a review of case law where the Court referred to the concept of state succession to international responsibility, expressly or by implication. The author analyses the wording of the proposed Draft Articles and attempts to establish
whether and how the principles of automatic succession and non-succession apply in different circumstances based on the newly developed provisions. The purpose of the study is to identify the advantages and disadvantages of the proposed Draft Articles as well as to discuss whether there is a need for codification of such rules.
Description
Keywords
State succession , State responsibility , International Law Commission