Lesson 14

Question 1

What Conventions Provide the Legal Framework for the Secession of States?

Answer 1

1) Vienna Convention on Sucession of States in respect of Treaties, 1978

2) Vienna Convention on Sucession of States in respect of State Property, Archives and Debts, 1983

Question 2

Do treaties (generally) bind states that have not formally consented?

Answer 2

no, treaties are not binding on third States

Question 3

What is the exception to the general rule on treaty binding?

Answer 3

(1) International borders

Question 4

uti possidetis juris

Answer 4

uti possidetis juris (UPJ) is a principle of customary international law that serves to preserve the boundaries of colonies emerging as States. Originally applied to establish the boundaries of decolonized territories in Latin America, UPJ has become a rule of wider application, notably in Africa.

apply as a rule by default

Question 5

Rules in relation to the general rule?

Answer 5

1) new state does not succeed automatically to a treaty if the subject matter is closely linked to the relations of the predecessor state with the other party or parties

2) when a state has been absorbed by another treaties of the absorbing state will extend to the absorbed state

3) normally a new state will not succeed automatically to multilateral treaties

4) A new state does not succeed automatically to
bilateral treaties, other than to territorial treaties and suchlike.

Question 6

Two theories related to succession in respect to treaties?

Answer 6

1) Theory of Universal Secession (principle of continuity)

2) Principle of Clean Slate (tabula rasa)

Question 7

UNGA Res. 55/153 of 2000,

Answer 7

the General Assembly recognised that the ILC’s draft Articles on thenationality of natural persons in relation to the succession of states would provide a useful guidefor practice, and invited governments to take its provisions into account, as appropriate, indealing with this issue.

Question 8

what is the basic principle of the ILC’s Draft Articles?

Answer 8

The basic principle of the draft Articles is that
no national of a successor stateshould as a result of succession become stateless

Question 9

How does membership to international organizations work after secession?

Answer 9

1) A new state will not succeed
to membership of the United Nations or other international organisations if the predecessor state still exists.

2) If, however, a new state
is the result of the union of two states, at least one of whichwas a UN Member before the union, the new state will usually be accepted as aMember under its new name, without having to apply for membership