Draft articles on succession of states in respect of treaties. The tricky question of state succession to international. On 22 august 1978, the conference adopted the vienna convention on succession of states in respect of treaties consisting of a preamble, fifty articles and an annex. The traditional clean slate rule has first been challenged by the 1978 vienna convention on the succession of states in respect of treaties. Vienna convention on succession of states in respect of treaties vienna, 23 august 1978 the states parties to the present convention, considering the profound transformation of the international community brought about by the decolonization process, considering also that other factors may lead to cases of succession of states in the future. Recalling that respect for the territorial integrity and political independence of any state is required by the charter of the united nations, bearing in mind the provisions of the vienna convention on the law of treaties of 1969, bearing also in mind article 73 of that convention. Jan 01, 1987 as in its forerunner, the vienna convention on succession of states in respect of treaties, succession is defined as the replacement of one state by another in the responsibility for the international relations of territory art. Vienna convention on succession of states in respect of trea ties with annex. Williams, the treaty obligations of the successor states of the. The importance of succession of states in international law has resulted in the encoding of the rules referring to the institution of international law in the wording of the two conventions, the vienna convention on succession of states in respect of treaties from 1978 and the conference on succession of states in respect of state property. If, at the date of the succession of states, a multilateral treaty not yet in force was being applied provisionally in respect of the territory to which the succession of states relates and the newly independent state gives notice of its intention that the treaty should continue to be applied provisionally in respect of its territory, that treaty shall apply provisionally between the newly independent state and any contracting state which expressly so agrees or by reason of its conduct is to. Vienna convention on succession of states in respect of state property, archives and debts 1983 imprint vienna. It analyses the work of the international law commission undertaken in the 1970s and criticizes the solutions it has adopted in the 1978 vienna convention on succession of states in respect of treaties for different types of state succession.
Concluded at vienna on 23 august 1978 authentic texts. The present convention applies to the effects of a succession of states in respect of treaties between states. According to the 1978 vienna convention on the topic, the predecessors treaties automatically bind the successor state article 34 of the said convention. Vienna convention on succession of states in respect of treaties concluded 23 august 1978, entered into force 6 november 1996 1946 unts 3.
Vienna convention on succession of states in respect. Scope of the present convention the present convention applies to the. When a part or parts of a territory of a state separate to form one or more states, whether or not the predecessor state continues to exist. Caggiano, the ilc draft on the succession of states in respect of treaties. This convention was adopted on august 23, 1978 by a vote of 82 in favor with 2 abstentions france and switzerland at the united nations conference on succession of states in respect of treaties, vienna. In such a case, the effects of the succession of states on treaties which, at the date of that succession of states, were in force in respect of the territory in question are governed by the present convention. Thus, chapters one and two provide a historical overview. Both deal only with written treaties between states. State continues to exist, any treaty which at the date of succession of states was in respect of the predecessor state continue to be in force in respect of its remaining territory, unless a the states concerned otherwise agree, or b it appears from the treaty that it will be incompatible or would radically change the. United nations conference on succession of states in respect. Within the uno there were negotiated and adopted two multilateral treaties relating to solving situations arising from the succession of states.
Vienna convention on the succession of states in respect of. State succession in respect of treaties and notifications. It was adopted partly in response to the profound transformation of the international community brought about by the decolonization process. The most important personality for the development of the ilc articles on state succession with respect to treaties was the special rapporteu. List of parties to the vienna convention on the law of treaties. The 1978 vienna convention on succession of states in respect of treaties 2 henceforth. English, french, arabic, chinese, russian and spanish. Every state possesses capacity to conclude treaties. Vienna convention on succession of states in respect of state property, archives and debts done 8 april 1983, not yet entered into force 1983 22 ilm 306. State succession, then and now, with special reference to.
Except upon submission of a notification, the depositary does not list the successor state as a party. Pdf succession of states in respect of treaties researchgate. Refworld vienna convention on succession of states in. Succession of states in respect of treaties maftei eirp. Jan 01, 1987 vienna convention on succession of states in respect of treaties 523 majority at the plenipotentiary conference at vienna constituted another step in the codification of treaty law within the framework of the united nations, the first fruit of which was the 1969 vienna convention on the law of treaties codification of international law. Known as the treaty on treaties, it establishes comprehensive rules, procedures, and guidelines for how treaties are defined, drafted, amended, interpreted, and generally operated. It was adopted on 22 may 1969 and opened for signature on 23 may 1969. Succession of states in respect of state responsibility.
Konvensi wina tentang suksesi negara dalam hubungan dengan perjanjian internasional. Vienna convention on succession of states in respect of treaties the states parties to the present convention, considering the profound transformatio onf the international conmunity brought about by the decolonization process, considering also that other factors may lead to cases of succession of states in the future. Part ii succession in respest of part of territory. State continues to exist, any treaty which at the date of succession of states was in respect of the predecessor state continue to be in force in respect of its remaining territory, unless a the states concerned otherwise agree, or b it appears from the treaty. Vienna convention on succession of states in respect of treaties. Vienna convention on succession of states in respect of treaties done at vienna on 23 august 1978 the states parties to the present convention, considering the profound transformation of the international community brought about by the decolonization process, considering. Vienna convention on succession of states in respect of treaties done at vienna on 23 august 1978 the states parties to the present convention, considering the profound transformation of the international community brought about by the decolonization process, considering also that other factors may lead to cases of succession of states in the. Can anybody explain it to me, because i dont get it. Succession of states in respect of treaties maftei. The vienna convention on succession of states in respect of treaties is an international treaty opened for signature in 1978 to set rules on succession of states. The vienna convention on the law of treaties vclt is a treaty concerning the international law on treaties between states.
Vienna convention, a meaning which specifically limits the term to an international agreement concluded between states. Vienna convention on succession of states in respect of state property, archives and debts. When a treaty provides that, on the occurrence of a succession of states, a successor state shall have the option to consider itself a party to the treaty, it may notify its succession in respect of the treaty in conformity with the provisions of the treaty or, failing any such provisions, in conformity with the provisions of the present convention. Vienna convention on state succession hi respect of treaties. The convention was adopted on 7 april 1983 and was opened for signature on 8 april 1983 by the united nations conference on succession of states in respect of state. Newly independent state may, by a notification of succession, establish its status as a party to any multilateral treaty which at the date of succession was in force.
May 01, 2019 nowadays, state succession in respect of treaties is mainly concerned with separation and dismemberment of states. Nov 06, 1996 vienna convention on succession of states in respect of treaties the states parties to the present convention, considering the profound transformatio onf the international conmunity brought about by the decolonization process, considering also that other factors may lead to cases of succession of states in the future. The question is whether new state are bound by the treaties made on behalf of the territory by the former sovereign. An international treaty is a written agreement between international law subjects reflecting. The convention was adopted on 22 august 1978 by the united nations conference on the succession of states in respect of treaties and was opened for signature at vienna from 23 august 1878 to 28 february 1979, then at the headquarters of the united nations, in new york until 31 august 1979. As yet, no primary rules on state succession in respect of state responsibility exist, but the. Vienna convention on the law of treaties wikipedia. When a part or parts of a territory of a state separate to.
Vienna convention on succession of states in respect of treaties 1978. Bearing in mind the provisions of the 1969 vienna convention on the law of treaties and the. The present convention applies to the effects of a succession of states in respect of. The most important personality for the development of the ilc articles on state succession with respect to treaties was the special rapporteur. The problem of state succession and the identity of states under. State succession in treaties oxford public international law.
See article two, common to the vienna convention on the succession of states in respect of treaties 1978, 1946 u. Vcst defines succession as the replacement of one state by another in the responsibility for the international relations of territory article 2, 1, lit. Vienna convention on succession of states in respect of treaties art 2 1 b. The convention was adopted on 7 april 1983 and was opened for signature on 8 april 1983 by the united nations conference on succession of states in respect of state property, archives and debts.
State succession in respect of treaties via council of. International law perspectives corte interamericana. A person is considered as representing a state for the purpose of adopting or authenticating the text of a treaty or for the purpose of expressing the consent of the state to be bound by a treaty if. The convention provides that a successor state will automatically succeed to all of its predecessors treaties art. The analysis of the vienna convention on succession of. According to the 1978 vienna convention on the topic, the predecessors. The convention on state succession reflects the provisions of the convention on the law of treaties. We have analyzed in this paper the issue of succession of states to the international treaties related to the vienna convention on the law of.
The vienna convention on succession of states in respect of treaties is an international. Bearing in mind the provisions of the vienna conventions on the law of treaties of 1969 and on succession of states in respect of treaties of 1978, affirming that matters not regulated by the present convention continue to be governed by the rules and principles of general international law, have agreed as follows. State succession in international law international law. Vienna convention on succession of states in respect of. Vienna convention on succession of states in respect of treaties done at vienna on 23 august 1978 b any treaty adopted within an international organization without prejudice to any relevant rules of the organization. Add a oneline explanation of what this file represents. The law on state succession regulates areas which states have themselves decided to regulate. Mar 02, 1978 2 vienna convention on succession of states in respect of treaties done at vienna on 23 august 1978 the states parties to the present convention, considering the profound transformation of the international community brought about by the decolonization process, considering also that other factors may lead to cases of succession of states in the future, convinced, in these circumstances, of the. A critical appraisal, 1975 1 italian yil 75, at 823. Article 34 of the vienna convention on succession of states in respect of treaties 1978 provides that. The convention was adopted on 22 august 1978 by the united nations conference on the succession of states in respect of treaties and was opened for signature at vienna from 23 august. To the traditional to the traditional framework of solving situatio ns of state succession to treaties we. The analysis of the vienna convention on succession of states in respect of treaties and the vienna convention on succession of states in respect of.
Vienna convention on the succession of states in respect of treaties. The final act of the conference, of which five resolutions adopted by the conference form an integral part, was signed on 23 august 1978. May 12, 2017 the 1978 vienna convention on succession of states in respect of treaties hereafter, the 1978 vienna convention defines state succession as the replacement of one state by another in the responsibility for the international relations of territory article 2 1b. Succession of states in respect of treaties jana maftei. Vienna convention on the succession of states in respect. The convention on succession of states in respect of treaties adopted in vienna in 19783, and the convention on succession of states in respect of state property, archives and debts, adopted on vienna. This article examines the question of state succession to bilateral treaties. Bearing in mind the provisions of the vienna conventions on the law of treaties of 1969 and on succession of states in respect of treaties of 1978, affirming that matters not regulated by the present convention continue to be governed by the rules and principles of. Vienna convention on succession of states in respect of state. Generally the answer provided by the convention is that they are not. The convention entered into force on 27 january 1980. The vienna convention on the law of treaties vclt is an international agreement regulating treaties between states.
Vienna convention on succession of states in respect of treaties done at vienna on 23 august 1978 the states parties to the present convention, considering the profound transformation of the international community brought about by the decolonization process, considering also that other factors may lead to cases of succession of states in the future. Vienna convention on succession of states in respect of treaties vienna, 23 august 1978 reproduced from united nations document aconf. Nowadays, state succession in respect of treaties is mainly concerned with separation and dismemberment of states. In practice, successor states are not officially bound until they issue a notification of succession. State succession in respect of human rights treaties. Succession of states in respect of state responsibility lu dspace. Vienna convention on succession of states in respect of treaties done at vienna on 23 august 1978. Vienna convention on succession of states in respect of treaties,2 affirming that matters not regulated by the present convention continue to be governed by the rules and principles of general international law, have agreed as follows.
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