1. 08.10.08 POLI 383<br />STATE SUCCESSION<br />-UNIVERSAL<br />-PARTIAL<br />-NEW STATES & SECESESSION<br />-CHANGE OF GOVERNMENT <br />(DOCTRINE OF CONTINUITY OF STATES)<br />--<br />Review:<br />DE FACTO has less authority than DE JURE. Many times this does not make a difference, but there are cases when it does.<br />Recognition does have implications, and affords certain rights.<br />--<br />Midterm is coming up on the 22nd. Next Wednesday, remind him to go over what the test format will be, and what will be on it. Assume you will be going at least to the end of State Succession.<br />--<br />Pg. 22, Case Briefs: State Succession: Some Rules of Thumb<br />-Very messy<br />-When new states form, or disappear, these are the generalities. <br />-Look at whatever agreements exist, but in the absence of agreements, try to follow rules of thumb. There will always be information to the contrary, and competing rules. This information is extracted from the text.<br />---<br />SECESSION: When a new State is formed. (The Ukraine seceded from SU, the US attempted to secede from Britain.)<br />Difference between this (Seceding State) and a colony is usually political, but appears to have something to do with salt water.<br />Universal Succession:<br />State A takes over State B.<br />Universal Succession: One State is completely eliminated, and it is absorbed into another.<br />-Prior state no longer exists, and its rights and obligations under international law no longer exist. <br />-If the situation is in question, E.g. Kuwait conflict, than the State in question continues to exist until the situation is determined.<br />Treaties:<br />BOUNDARY: State A completely overtakes State B. Boundaries are not in question as they had been agreed upon by treaty.<br />-International Agreements continue to exist, but other rights and obligations of State B disappear. <br />DISPOSITIVE – SERVITUDES<br />Dispositive: Creates rights and obligations. E.g. all states agree to use the canal, and State A inherits this agreement. Deals with rights of the land.<br />NATIONALITY: When one state disappears, may not receive a new nationality automatically under every situation.<br />NATIONAL DEBT: Usually succeeds to Foreign debt, but may not necessarily pay off domestics. If it is a war loan, may not necessarily pay this back. Oh well, you backed the wrong horse!<br />The details must be worked out in excruciating detail, and will vary from state to state.<br />Partial Succession:<br />State B continues to exist, but is no longer responsible for obligations to the part of the land it has lost. Applies to Boundary and Dispositive Treaties.<br />Partial Succession: Part of the territory absorbed, but the original State continues in a diminished capacity.<br />Nationality: The old country still exists, so statelessness less likely. But, it still will normally change.<br />Debt: As State B is diminished in capacity, State A should succeed to part of State B’s debt. (State B’s capacity to carry its debt is also diminished.) This is negotiated.<br />NEW STATES:<br />UTI POSSIDETIS: You come into existence with your boundaries in tack. The old boundaries remain in tack. <br />Colony: General practice with treaties is “clean slate”. But, in reality this is somewhat negotiated. It may be that some are kept, and some are no longer in force.<br />Seceding State: It automatically inherits the obligations it used to have. But, it is generally practiced as “clean slate” as well.<br />Claims: Clean slate, but negotiation may change.<br />Nationality: Normally changes, but dual nationality could exist for some. E.g. British nationals retained their British citizenship when Kenya seceded.<br />Debt: May succeed to debts for their colonial use. Generally, this is expected.<br />Raises an interesting question for if Quebec separated. How should national debt be divided?<br /> DOCRINE OF CONTINUITY OF STATES: A mere change in government does not change the international legal personality of the state. The government is merely the administrator of the State.<br />
