Succession of states

Succession of states is a theory in international relations regarding the recognition and acceptance of a newly created state by other states, based on a perceived historical relationship the new state has with a prior state. The theory has its root in 19th century diplomacy.

Succession may refer to the transfer of rights, obligations, and/or property from a previously well-established "prior" state (the predecessor state) to the new one (the successor state). Transfer of rights, obligations, and property can include overseas assets (embassies, monetary reserves, museum artifacts), participation in treaties, membership in international organizations, and debts. Often a state chooses piecemeal whether or not it wants to be considered the successor state. A special case arises, however, when the predecessor state was signatory to a human rights treaty, since it would be desirable to hold the successor state accountable to the terms of that treaty, regardless of the successor state's desires.

In an attempt to codify the rules of succession of states the Vienna Convention on Succession of States in respect of Treaties was drafted in 1978. It entered into force on November 6, 1996. [ [http://www.un.org/law/ilc/texts/treasucc.htm "United Nations text"] ]

In general, the theory is followed in the world community: a new government might be distasteful to others, but pragmatically it must be recognized if it exercises "de facto" control over all of the predecessor state's territory.Fact|date=February 2008

A difficulty arises at the dissolution of a larger territory into a number of independent states. Of course, each of those states will be subject to the international obligations that bound their predecessorFact|date=February 2008. What may become a matter of contention, however, is a situation where one successor state seeks either to continue to be recognised under the same federal name of that of its predecessor or to assume the privileged position in international organisations held by the preceding federation.

International convention since the end of the Cold War has come to distinguish two distinct circumstances where such privileges are sought by such a successor state, in only the first of which may such successor states assume the name or privileged international position of their predecessor. The first set of circumstances arose at the dissolution of the Union of Soviet Socialist Republics (USSR) in 1991. One of this federation's constituent republics, the Russian Federation was declared the USSR's successor state on the grounds that it contained just under 60 % of the population of the USSR and a larger majority of its territory. In consequence, it acquired the USSR's seat as a permanent member of the United Nations Security Council. (See Russia's membership in the United Nations.)

This resolution was in sharp contrast to the manner in which the United Nations dealt with the claim of the federation of Serbia and Montenegro to be recognised as the continuation of the state of Yugoslavia (albeit as the Federal Republic of Yugoslavia as opposed to the Socialist Federal Republic of Yugoslavia). These two republics shared in common less than half of the population and territory of the former federation and the UN refused to allow the new federation to sit in the General Assembly of the United Nations under the name of 'Yugoslavia'. Thus followed over a decade where the state was referred to uneasily as the Former Federal Republic of Yugoslavia.

In a broader context, "successor state" is applied where the international law concept would be at best anachronistic; for example in universal history or comparative history. Arnold J. Toynbee used it to describe the fragments of an empire (for him, a "universal state"), so that it could properly be applied both to the kingdoms set up by the generals of Alexander the Great after he died, and to Belarus as a modern successor state to the USSR. This usage is by now quite common, though not all obviously attributable to Toynbee and followers, and the Russian Federation is usually considered the USSR's successor state partially.

There are therefore several, quite different possible connotations of "successor state", in terms of the continuity implied.

*The international law term implies legal links, on rights and the recognition of legitimacy of claims, but also on continuing treaty obligations, and the status of citizens who otherwise may become stateless.
*Cultural continuity is implicit in Toynbee's usage, and this can be snapped.
*As a loose organisational term for historians, it implies not much more than a plausible link of parentage in a 'family tree' of groups of rulers; there need be no specific legacy going beyond physical possession.

Examples of succession

*The Grand Duchy of Moscow by The Tsardom of Russia by The Russian Empire then by the Soviet Union and finally by the Russian Federation
*The Tokugawa Shogunate by Imperial Japan and then by the State of Japan
*The Ottoman Empire by the Republic of Turkey
*Mongol Empire by Golden Horde (Blue and White Hordes), Yuan Dynasty, Chagatai Khanate, Ilkhanate, Timurids then by Mughals.
*Golden Horde by Crimean Khanate, Nogai Horde, Astrakhan Khanate, Kazan Khanate, Qasim Khanate and Siberia Khanate.
*British Indian Empire by Republic of India and Pakistan.
*The Roman Empire by the Western and Eastern (later known as Byzantine) Roman Empires.
**The Western Roman Empire by the kingdoms of the Ostrogoths, Visigoths, Vandals and Franks
*The French Kingdom by the French First Republic, by the French First Empire, French Second Republic, by the French Second Empire, by the French Third Republic, by the French Provisional Republic, by the Fourth Republic, and finally by the Fifth Republic.
*England by England and Wales, by Great Britain, by Great Britain and Ireland, and then by Great Britain and Northern Ireland.
*Alexander the Great's Hellenic empire by the various Successor States, or Diadochi, (Ptolemaic, Seleucid, Attalid, Antigonid).
*Kingdom of Serbia by the Kingdom of Yugoslavia, by the Socialist Federal Republic of Yugoslavia. (Though see above for the unsuccessful claim of the Federal Republic of Yugoslavia to succeed the Socialist Federal Republic of Yugoslavia.)
*The Socialist Federal Republic of Yugoslavia by the State Union of Serbia and Montenegro and then by the Republic of Serbia (in this instance, Serbia contained the vast majority of the population and territory of its predecessor).
*Habsburg Monarchy by the Austrian Empire, by the Dual Monarchy of Austro-Hungary, then by Austria and Hungary
*Qing Dynasty (清朝) to Republic of China (中華民國) (Mainland Era in 1911-1949) , then to People's Republic of China (中華人民共和國)dubious

Exceptions to orderly succession

There are several recent examples where succession of states, as described above, has not been entirely adhered to.

* When the Democratic Kampuchea regime of Pol Pot was militarily displaced by the Vietnamese-backed People's Republic of Cambodia, the United Nations seat continued to be held by Democratic Kampuchea for many years.

* The Taliban state (the Islamic Emirate of Afghanistan) in 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.

* After four of the six constituent republics of the Socialist Federal Republic of Yugoslavia seceded in 1991 and 1992, the rump state, renamed the Federal Republic of Yugoslavia, claimed to be the legal successor, but was not recognised as such by the United States, and because of its influence, neither by the United Nations on the theory that the Socialist Federal Republic of Yugoslavia had dissolved. The Federal Republic of Yugoslavia (later renamed Serbia and Montenegro) was admitted to membership in the United Nations in 2000; recently, Montenegro declared independence and Serbia inherited the seat.

* The People's Republic of China (PRC) was declared in 1949 as the successor state of the Republic of China (ROC) and exercised sovereignty over mainland China, but the ROC maintained a seat on the Security Council for many years. Eventually, the PRC was admitted to the United Nations and Security Council in 1971 in place of the ROC.

See also

*Universal history
*Comparative history
*International law

References

External links

* [http://www.ejil.org/journal/Vol7/No4/art1-05.html European Journal of International Law - State Succession in Respect of Human Rights Treaties]
* Wilfried Fiedler: [http://www.jura.uni-sb.de/projekte/Bibliothek/texte/FIEDLER2.HTML "Der Zeitfaktor im Recht der Staatensukzession"] , in: Staat und Recht. Festschrift für Günther Winkler, Wien, 1997, S. 217-236. de icon
* Wilfried Fiedler: [http://www.jura.uni-sb.de/FB/LS/Fiedler/Fiedler/Aufsaetze/kriele.html#Heading4 "Staatensukzession und Menschenrechte"] , in: B. Ziemske u.a. (Hrsg.), Festschrift für Martin Kriele, München 1997, S. 1371-1391 de icon

Literature

* Burgenthal/Doehring/Kokott: "Grundzüge des Völkerrechts", 2. Auflage, Heidelberg 2000 de icon