International succession of States represents the transition of responsibilities andlegal possibilities of one country to another. The reasons for this process are the cessation of the existence of the state or the change of its territory. The limits within which succession of Statesare determined by the sovereign will of countries.
Succession of States is considered one of the oldest institutions inworld legal system. In science, there are several theories of the transition of responsibilities and opportunities from one country to another. In particular, there are concepts:
Let us consider them in more detail.
In accordance with the theory of universallegal succession, the state is a legal entity, which consists of the population, territory, political organization, duties and rights passing to another country. Partial transmission is characterized by the following. The predecessor country retains such duties and legal possibilities that do not imply the existence of sovereignty over the territory that has been torn away. The successor, in turn, does not accept them either in the provision of a part of the state, or in the separation of it. According to the "pure board" theory, the new country is not bound by the agreements of its predecessor. The essence of the concept of succession implies that the state legal entity is annulled in the process of changing the state construction. The new person takes on the duties and legal capabilities of the predecessor as if they were his own. According to the theory of non-succession, only rights are transferred to the person who is the head of state. The obligations of the predecessor country are not transferred. According to the theory of continuity, all agreements remain in force. In this case, there is no need to pass the procedure of recognition as a subject of world law. It is enough to fix the fact that the country is the continuer of its predecessor. For example, in 1991, on December 25, the EU Presidency (the Netherlands at the time) issued a statement stating that Russia is a country with international responsibilities and the rights of the former USSR, including, inter alia, the UN Charter .
Succession of States can be carried out with:
World life knows many examples of separationand unification of countries. For example, according to Art. 1 Treaty on the final settlement in Germany in 1990, it includes the GDR, Germany and the whole of Berlin. Under the Agreement on the Formation of the CIS of 1991, the USSR ceased to exist as a subject of the world legal system. In its territory, as a result, 12 independent countries emerged.
Succession of States is closely related to continuity issuesexistence and identity of the subjects of the world system. The successor country usually takes on all the responsibilities and legal capabilities of the predecessor. One can not but note the fact that succession of States is closely connected with modern normative institutions. In particular, we are talking about agreements between countries, responsibility, membership in different organizations, etc.
Currently, there are two main documents, according to which the transition of legal opportunities and responsibilities from one country to another is carried out. In particular, the first is The Vienna Convention on Succession of States in respect of state property, archives and debts. It was adopted in 1983, on April 8. In addition, the Convention on the Succession of States in respect of Treaties is in force. It was adopted in 1978, on August 23.
At present, succession of States in respect of:
As objects, respectively, can act:
They are defined in the document of 1978 Kconvention on the succession of States establishes, in particular, that the new independenta country can establish its status as a participant in a multilateral agreement, which at the time of the transition of duties and legal possibilities was in force to the territory serving as the object of inheritance. This requirement, however, is not applied in all cases. In particular, it does not apply if the agreement follows or establishes in another way the fact that the use of this treaty in relation to a new independent country would significantly change its conditions of action or contradict its purposes and subject. If participation in a multilateral document requires the consent of the other parties, then only upon its receipt the state can establish its status. Wherein The Vienna Convention on Succession of States prescribes a notification of"inheritance". It is issued in writing. In the notification, the new state may express its consent to be bound only by a part of the agreement or to choose between its provisions if this possibility is provided for in the treaty. The document serving as the object of transition will be considered valid between the new country and the other party when the parties have clearly agreed on this or because of their conduct should be considered as having expressed the corresponding will.
The transfer of the property of the predecessor country entailsthe termination of her rights to him. Accordingly, legal opportunities arise in the new - the host-owning - powers. The date of the transfer is the moment of succession. Usually inheritance of property is carried out without any compensation. In accordance with Art. 14 of the Convention of 1983, when part of the territory is transferred to another country, the provision of state property is regulated by an agreement between these states. In the absence of such a document, the issue can be resolved in one of the following ways:
When two or more States join together, theyform one successor country. The state property of its predecessors completely passes to the new power. When the state is divided and its existence ceases, and several successor countries are formed from its parts, the property on whose territory it is located receives the property. If the objects are outside the predecessor, then it goes to all heirs in equal shares.
They are a set of documents of any kindkind and prescription, acquired or created by the predecessor in the course of its functioning, owned by him at the time of the succession in accordance with his domestic law and kept directly under his control. As the date of the transition of the archives is the moment of inheritance. The documents are transferred without compensation. The country-predecessor is obliged to take all appropriate measures to preserve integrity, prevent destruction or damage to the archive, passing to the successor.
They include any financialthe obligations of the predecessor country with respect to other states, international organizations or another entity of the world legal system that have arisen in accordance with generally accepted norms. The transition of debt implies the following consequences. In the first place, the obligations of the predecessor country are terminated. Accordingly, they arise from the successor state. Transition of debt does not affect the legal possibilities of creditors.
One of the most pressing problems in the field ofinternational succession - the consequences of changing the sovereign status of the state. The key norms regulating citizenship are contained in the domestic legislation of the country. However, it is quite significantly affected by international law. The Council of Europe in 1997 adopted a document whose provisions concern the acquisition and loss of citizenship in the transition of legal opportunities and responsibilities from one country to another. In September 1996, the Declaration on the Consequences of Succession of States for their Population was approved. Based on these documents, the UN Commission drafted articles on citizenship. The key points are as follows. Any person who, at the time of the succession, had the citizenship of the predecessor country, regardless of the method of obtaining it, is entitled to the citizenship of at least one of the new states.
