Succession of states
Encyclopedia
Succession of states is a theory
and practice in international relations
regarding the recognition and acceptance of a newly created sovereign 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
.
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.
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 predecessor. 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 51% of the population of the USSR and 77% of its territory. In consequence, Russia and the United Nations agreed that it would acquire the USSR's seat as a permanent member of the United Nations Security Council
. All Soviet embassies became Russian embassies.
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
.
There are therefore several, quite different possible connotations of successor state, in terms of the continuity implied.
Political philosophy
Political philosophy is the study of such topics as liberty, justice, property, rights, law, and the enforcement of a legal code by authority: what they are, why they are needed, what, if anything, makes a government legitimate, what rights and freedoms it should protect and why, what form it...
and practice in international relations
International relations
International relations is the study of relationships between countries, including the roles of states, inter-governmental organizations , international nongovernmental organizations , non-governmental organizations and multinational corporations...
regarding the recognition and acceptance of a newly created sovereign state
Sovereign state
A sovereign state, or simply, state, is a state with a defined territory on which it exercises internal and external sovereignty, a permanent population, a government, and the capacity to enter into relations with other sovereign states. It is also normally understood to be a state which is neither...
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
Diplomacy
Diplomacy is the art and practice of conducting negotiations between representatives of groups or states...
.
Overview
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, museumMuseum
A museum is an institution that cares for a collection of artifacts and other objects of scientific, artistic, cultural, or historical importance and makes them available for public viewing through exhibits that may be permanent or temporary. Most large museums are located in major cities...
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
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
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
Vienna Convention on Succession of States in respect of Treaties
The Vienna Convention on Succession of States in respect of Treaties is an international treaty promulgated in 1978 to set rules on succession of states...
was drafted in 1978. It entered into force on November 6, 1996.
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 predecessor. 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
Cold War
The Cold War was the continuing state from roughly 1946 to 1991 of political conflict, military tension, proxy wars, and economic competition between the Communist World—primarily the Soviet Union and its satellite states and allies—and the powers of the Western world, primarily the United States...
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
Dissolution of the Soviet Union
The dissolution of the Soviet Union was the disintegration of the federal political structures and central government of the Union of Soviet Socialist Republics , resulting in the independence of all fifteen republics of the Soviet Union between March 11, 1990 and December 25, 1991...
of the Union of Soviet Socialist Republics
Soviet Union
The Soviet Union , officially the Union of Soviet Socialist Republics , was a constitutionally socialist state that existed in Eurasia between 1922 and 1991....
(USSR) in 1991. One of this federation's constituent republics, the Russian Federation
Russia
Russia or , officially known as both Russia and the Russian Federation , is a country in northern Eurasia. It is a federal semi-presidential republic, comprising 83 federal subjects...
, was declared the USSR's successor state on the grounds that it contained 51% of the population of the USSR and 77% of its territory. In consequence, Russia and the United Nations agreed that it would acquire the USSR's seat as a permanent member of the United Nations Security Council
United Nations Security Council
The United Nations Security Council is one of the principal organs of the United Nations and is charged with the maintenance of international peace and security. Its powers, outlined in the United Nations Charter, include the establishment of peacekeeping operations, the establishment of...
. All Soviet embassies became Russian embassies.
This resolution was in sharp contrast to the manner in which the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
dealt with the claim of the federation of Serbia
Serbia
Serbia , officially the Republic of Serbia , is a landlocked country located at the crossroads of Central and Southeast Europe, covering the southern part of the Carpathian basin and the central part of the Balkans...
and Montenegro
Montenegro
Montenegro Montenegrin: Crna Gora Црна Гора , meaning "Black Mountain") is a country located in Southeastern Europe. It has a coast on the Adriatic Sea to the south-west and is bordered by Croatia to the west, Bosnia and Herzegovina to the northwest, Serbia to the northeast and Albania to the...
to be recognised as the continuation of the state of Yugoslavia (albeit as the Federal Republic of Yugoslavia
Serbia and Montenegro
Serbia and Montenegro was a country in southeastern Europe, formed from two former republics of the Socialist Federal Republic of Yugoslavia : Serbia and Montenegro. Following the breakup of Yugoslavia, it was established in 1992 as a federation called the Federal Republic of Yugoslavia...
as opposed to the Socialist Federal Republic of Yugoslavia
Socialist Federal Republic of Yugoslavia
The Socialist Federal Republic of Yugoslavia was the Yugoslav state that existed from the abolition of the Yugoslav monarchy until it was dissolved in 1992 amid the Yugoslav Wars. It was a socialist state and a federation made up of six socialist republics: Bosnia and Herzegovina, Croatia,...
). 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
Universal history
Universal history is basic to the Western tradition of historiography, especially the Abrahamic wellspring of that tradition. Simply stated, universal history is the presentation of the history of humankind as a whole, as a coherent unit.-Ancient authors:...
or comparative history
Comparative history
Comparative history is the comparison of different societies which existed during the same time period or shared similar cultural conditions. The comparative history of societies emerged as an important specialty among intellectuals in the Enlightenment in the 18th century, as typified by...
.
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.
- 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
- Predecessors of sovereign states in EuropePredecessors of sovereign states in EuropeThis is a list of all present sovereign states in Europe and their predecessors. The borders of Europe are difficult to define. The borders between Europe and Asia are generally agreed to be the Caucasus Mountains between Russia and the Middle East, the Ural Mountains in Russia to the west and the...
- Predecessors of sovereign states in South AmericaPredecessors of sovereign states in South AmericaToday South America consists of twelve sovereign republics. The continent was colonized by the Europeans: First by the Spaniards, and the Portuguese; and later by the Dutch, the French, and the English....
- DiadochiDiadochiThe Diadochi were the rival generals, family and friends of Alexander the Great who fought for the control of Alexander's empire after his death in 323 BC...
, the successors to Alexander the Great
Exceptions to orderly succession
There are several recent examples where succession of states, as described above, has not been entirely adhered to. This is only a list of the exceptions that have occurred since the creation of the United Nations. In previous historical periods, the exceptions would be too many to list.- When the Democratic KampucheaDemocratic KampucheaThe Khmer Rouge period refers to the rule of Pol Pot, Nuon Chea, Ieng Sary, Son Sen, Khieu Samphan and the Khmer Rouge Communist party over Cambodia, which the Khmer Rouge renamed as Democratic Kampuchea....
regime of Pol PotPol PotSaloth Sar , better known as Pol Pot, , was a Cambodian Maoist revolutionary who led the Khmer Rouge from 1963 until his death in 1998. From 1976 to 1979, he served as the Prime Minister of Democratic Kampuchea....
was militarily displaced by the VietnamVietnamVietnam – sometimes spelled Viet Nam , officially the Socialist Republic of Vietnam – is the easternmost country on the Indochina Peninsula in Southeast Asia. It is bordered by China to the north, Laos to the northwest, Cambodia to the southwest, and the South China Sea –...
ese-backed People's Republic of CambodiaCambodiaCambodia , officially known as the Kingdom of Cambodia, is a country located in the southern portion of the Indochina Peninsula in Southeast Asia...
, the United NationsUnited NationsThe United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
seat continued to be held by Democratic Kampuchea for many years. - The Taliban state (the Islamic Emirate of AfghanistanIslamic Emirate of AfghanistanThe Islamic Emirate of Afghanistan was founded in 1996 when the Taliban began their rule of Afghanistan and ended with their fall from power in 2001...
) in AfghanistanAfghanistanAfghanistan , officially the Islamic Republic of Afghanistan, is a landlocked country located in the centre of Asia, forming South Asia, Central Asia and the Middle East. With a population of about 29 million, it has an area of , making it the 42nd most populous and 41st largest nation in the world...
became the de facto government of nearly all the country in the mid-1990s, but the Afghan Northern AllianceNorthern AllianceThe Afghan Northern Alliance is a military-political umbrella organization created by the Islamic State of Afghanistan in 1996.Northern Alliance may also refer to:*Northern Alliance , a Canadian white supremacist group...
was still recognised by many nations and retained the UN seat. - After four of the six constituent republics of the Socialist Federal Republic of YugoslaviaSocialist Federal Republic of YugoslaviaThe Socialist Federal Republic of Yugoslavia was the Yugoslav state that existed from the abolition of the Yugoslav monarchy until it was dissolved in 1992 amid the Yugoslav Wars. It was a socialist state and a federation made up of six socialist republics: Bosnia and Herzegovina, Croatia,...
secededSecessionSecession is the act of withdrawing from an organization, union, or especially a political entity. Threats of secession also can be a strategy for achieving more limited goals.-Secession theory:...
in 1991 and 1992, the rump stateRump stateA rump state is the remnant of a once-larger government, left with limited powers or authority after a disaster, invasion, military occupation, secession or partial overthrowing of a government. In the last case, a government stops short of going in exile because it still controls part of its...
, renamed the Federal Republic of Yugoslavia, was recognized as the legal successor by the United NationsUnited NationsThe United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
, and representatives from BelgradeBelgradeBelgrade is the capital and largest city of Serbia. It is located at the confluence of the Sava and Danube rivers, where the Pannonian Plain meets the Balkans. According to official results of Census 2011, the city has a population of 1,639,121. It is one of the 15 largest cities in Europe...
continued to hold the original Yugoslavian UN seat, however the United StatesUnited StatesThe United States of America is a federal constitutional republic comprising fifty states and a federal district...
refused to recognize it. In 1992, under American influence, the Security Council on September 19 (Resolution 777United Nations Security Council Resolution 777United Nations Security Council Resolution 777, adopted unanimously on 19 September 1992, after reaffirming Resolution 713 and all subsequent resolutions on the topic, the Council considered that, as the state known as the Socialist Federal Republic of Yugoslavia ceased to exist, it noted that...
) and the General AssemblyUnited Nations General AssemblyFor two articles dealing with membership in the General Assembly, see:* General Assembly members* General Assembly observersThe United Nations General Assembly is one of the five principal organs of the United Nations and the only one in which all member nations have equal representation...
on September 22, retired their recognition on the theory that the Socialist Federal Republic of Yugoslavia had dissolvedDissolution of YugoslaviaThe Breakup of Yugoslavia refers to a series of conflicts and political upheavals resulting in the dissolution of Yugoslavia . The SFR Yugoslavia was a country that occupied a strip of land stretching from Central Europe to the Balkans – a region with a history of ethnic conflict...
. The Federal Republic of Yugoslavia (later renamed Serbia and MontenegroSerbia and MontenegroSerbia and Montenegro was a country in southeastern Europe, formed from two former republics of the Socialist Federal Republic of Yugoslavia : Serbia and Montenegro. Following the breakup of Yugoslavia, it was established in 1992 as a federation called the Federal Republic of Yugoslavia...
) was admitted to membership in the United Nations in 2000; recently, MontenegroMontenegroMontenegro Montenegrin: Crna Gora Црна Гора , meaning "Black Mountain") is a country located in Southeastern Europe. It has a coast on the Adriatic Sea to the south-west and is bordered by Croatia to the west, Bosnia and Herzegovina to the northwest, Serbia to the northeast and Albania to the...
declared independence and SerbiaSerbiaSerbia , officially the Republic of Serbia , is a landlocked country located at the crossroads of Central and Southeast Europe, covering the southern part of the Carpathian basin and the central part of the Balkans...
inherited the seat. - The People's Republic of ChinaPeople's Republic of ChinaChina , officially the People's Republic of China , is the most populous country in the world, with over 1.3 billion citizens. Located in East Asia, the country covers approximately 9.6 million square kilometres...
(PRC) was proclaimed in 1949 claiming to be the successor state of the Republic of ChinaRepublic of ChinaThe Republic of China , commonly known as Taiwan , is a unitary sovereign state located in East Asia. Originally based in mainland China, the Republic of China currently governs the island of Taiwan , which forms over 99% of its current territory, as well as Penghu, Kinmen, Matsu and other minor...
(ROC), despite the ROC still existing (albeit only as a rump state based primarily on the island of Taiwan). The ROC maintained a seat for China on the UN Security CouncilUnited Nations Security CouncilThe United Nations Security Council is one of the principal organs of the United Nations and is charged with the maintenance of international peace and security. Its powers, outlined in the United Nations Charter, include the establishment of peacekeeping operations, the establishment of...
until the PRC was admitted to the United NationsUnited NationsThe United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
and Security Council in 1971 in place of the ROC through the adoption of General Assembly Resolution 2758. To date, the PRC exercises sovereignty over mainland ChinaMainland ChinaMainland China, the Chinese mainland or simply the mainland, is a geopolitical term that refers to the area under the jurisdiction of the People's Republic of China . According to the Taipei-based Mainland Affairs Council, the term excludes the PRC Special Administrative Regions of Hong Kong and...
, while the ROC exercises sovereignty over TaiwanTaiwanTaiwan , also known, especially in the past, as Formosa , is the largest island of the same-named island group of East Asia in the western Pacific Ocean and located off the southeastern coast of mainland China. The island forms over 99% of the current territory of the Republic of China following...
and some minor islands, with each officially claiming to be the sole legitimate government for both mainland China and Taiwan.
See also
- Comparative historyComparative historyComparative history is the comparison of different societies which existed during the same time period or shared similar cultural conditions. The comparative history of societies emerged as an important specialty among intellectuals in the Enlightenment in the 18th century, as typified by...
- International lawInternational lawPublic international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
- Translatio imperiiTranslatio imperiiTranslatio imperii, Latin for "transfer of rule", is a concept invented in the Middle Ages for describing history as a linear succession of transfers of imperium, that is of supreme power concentrated with a series of single rulers .-Origin:...
- Universal historyUniversal historyUniversal history is basic to the Western tradition of historiography, especially the Abrahamic wellspring of that tradition. Simply stated, universal history is the presentation of the history of humankind as a whole, as a coherent unit.-Ancient authors:...
Further reading
- Burgenthal/Doehring/Kokott: Grundzüge des Völkerrechts, 2. Auflage, Heidelberg 2000
External links
- European Journal of International Law – State Succession in Respect of Human Rights Treaties
- Wilfried Fiedler: Der Zeitfaktor im Recht der Staatensukzession, in: Staat und Recht. Festschrift für Günther Winkler, Wien, 1997, S. 217-236.
- Wilfried Fiedler: Staatensukzession und Menschenrechte, in: B. Ziemske u.a. (Hrsg.), Festschrift für Martin Kriele, München 1997, S. 1371-1391