Detail about the state succession, Kinds of State Succession, Theories of State Succession & Consequences of State Succession in Public International law. It is helpful for all Law and other competitive exam.

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International law
State Lecture Series – 4
Topic Cover:-
1. State Succession
2. Kinds of State Succession
3. Theories of State Succession
4. Consequences of State
Succession

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State Succession
State Succession-State Succession occurs when one international
person is replaced with another due to changing circumstances in the State.
State Succession is a principle in the Doctrine of Continuity of States.
The idea of a succession of international person was introduced into
International Law by Grotious from Rule of Roman Civil Law by which heir
became the successor in law of deceased person, same thing is succeeded as
state succession.
Successor State- A state which replace another state is called Successor State.
Parent State or Predecessor State- The state which has been replaced is
known as predecessor state or parent state.

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• State succession generally occurs by the following ways:-
1. Merger- When one existing state merge with another existing state is consider as
state succession i.e- After the World War II Germany is divided into East Germany
and West Germany, later they unite in 1990 and became a unified Germany, In
1958 Syria and Egypt which were two independent nation merged and became
United Arab Republic.
2. Split- When new state is detached from its parent state is consider as state
succession by the way of split. Best example is separation of Pakistan from India
and further separation of Bangladesh from Pakistan.
3. When Parent state completely dissolves and new states are formed. Dissolution
of USSR. USSR completely dissolves and various new states are formed.
4. Annexation- When a state is annexed by another existing state is consider as
Annexation i.e Taiwan is annexed by China, Korea was annexed by Japan in
1910.

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Kinds of State Succession
There are mainly two kinds of succession:-
1. Universal Succession or Total
succession- When the identity
of parent state is completely
destroyed and is absorbed by
another new entity is consider
as Universal Succession.
2. Partial Succession- When
part of the territory is served
from the parent state and
become an independent state is
consider as Partial Succession.

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Universal Succession-Universal succession is complete succession of
predecessor state. Universal succession can by through merger, annexation or
subjugation. Some time universal successor happen when a predecessor state is
completely dissolve and many new states are formed. Division of USSR &
Czechoslovakia are example of universal succession.

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• Partial Succession
Generally partial succession is resulted after the civil war or
through the war of liberalisation. Partial succession take place
by separation form the parent state, conquest and
dismemberment. There are also many other ways of the
partial succession.
Division of India and Pakistan and further division of
Bangladesh from Pakistan is consider as Partial succession.

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Theories of State Succession
There are mainly two theories of state succession but in some book Negative
theory of state succession is also mentioned.
1. Universal Theory- The idea of universal
law has been derived from Roman Law. A universal
state succession occurs when one state is completely
extinguished and its sovereignty is replaced by that
of one or more state .The successor state enjoys all
the rights and discharge all obligation of its parent
side. The new state is regarded as direct heir of
parent state. All the right and duties of parent state
pass ispo jure to the successor state as its elements.
Dissolution of USSR is an example of universal
theory.
2. Continuity Theory- This theory is
given by Max Hubber. According to
continuity theory there must be
Substitution+Continuation. In Continuity
theory there is split from the parent state.
Detachment of Pakistan from India is
example of the Continuity theory.

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Consequences of State Succession
State succession is one of complicated international problem. Some
writers state that a succession of international person disappear
with the extinguished person. But even after disappear the Right
and duties, certain rights and duties of predecessor state lies on the
successor state. In some cases successor states are binding while
most of time successor states are not binding. It depends on the
nature of obligation from the predecessor state.
1. Treaties-When a new state is come into existence treaties which were
made by successor state generally not binding but treaties that is related to
the territorial boundary will be binding and some other kinds of treaties
are also binding on the successor state depends on the nature of treaty.
Generally treaty on general subject are continued by successor state.

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2. Membership of International Organization- When a new state is formed
than it is general rule that every state is required to apply a fresh in order to
become a member of such organisation irrespective of the fact that its
predecessor state was member of that international organization. When the
predecessor state is dissolved and new states are created such states will have
to apply a new membership to international organisation i.e Like new state of
Czech Republic and Slovakia were admitted as new member of UN after the
dismemberment of Czechoslovakia.
In the case of dissolution of USSR, Russia has replaced the membership of
USSR in UN and other international organization.
When India applied for become the member of UNO after Independence, it
was stated that India was founding member of UNO under British India so did
not need to apply .

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3. Public Property- It is general principle that the successor state take over all
the public property that fall with in the territory of new state or successor
state. It is specific mentioned in Vienna Convention 1983.
4. State Archieve- State Archieve contain primarily source of documents that
have been accumulated is take over by the successor state.
5. Public Debt- Public debt means any financial obligation of the predecessor
state, successor state will be liable for all that debt. If the successor state
accept the benefit and it is moral obligation to accept the burden as well. Debt
is distribute if there is split according to the territory and population of the
states.
6. Contracts- Generally successor state is bind to work according to the
contracts of the predecessor state. It depends on the nature of contract.

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7. Tort- Successor state is not bound by any tort committed by the
predecessor state.
8. Laws- Laws of predecessor state is applicable in part or whole till
new law is not enforced by the successor state.
9. Nationality- Nationality of predecessor state extinguish at a time
when a new state came into existence.