Sociology | Mercantile Law | International Law | International Relations
The state out of which another state has succeeded will be called continuing state while, the state newly formed out of an existing state will be called succeeded state. The former is ‘Predecessor while the latter is successor.’
THEORIES OF CONTINUITY OF STATE
A. Universal Succession Theory
Change will not involve the replacement of rights and duties but mere the subjects.
B. Popular Continuity Theory
Change of sovereignty is mere a fictitious change with the real element surviving intact.
C. Communist Theory
Successor state is unencumbered by the economic and political commitments of the predecessors.
RIGHTS & DUTIES ARISING OUT OF STATE SUCCESSION
T. T. Poulose states; “State Succession is name of transmission of rights and obligations of one to another in consequences of territorial sovereignty.”
A. Political Rights & Duties
Oppenheim is of the view that; “No succession takes place; therefore, with regard to rights and duties of the extinct either from the character of the latter as an international person or from purely political treaty.”
B. Local Rights & Duties
Here, a succeeding state succeeds the rights and duties of the former state.
C. Fiscal Property Debts
Here Oppenheim believes that succession takes place but no private person gets the right to claim debts from succeeding international person.
D. Contracts
Succeeding state shall remain bound to the contracts made by the predecessor.
E. Laws
Civil Laws continue to be a part of it unless altered.
F. Un-liquidated Damages
They are not succeeded both in case of torts as well as contract breach.
G. Nationality
Nationality is lost at the extinction of state to gain the new one of succeeding state.
H. Public Debts
Here, the jurists is divided. An important case in this regard came forth when Pakistan refused to pay loan to IMF it spent on East Pakistan before its cession into a new state of Bangladesh. Later, Bangladesh pledged to repay the debt and this added to its credibility and gave Pakistan a dent at international level.
STATE SUCCESSION IN TERMS OF TREATIES
When two or more states unite then treaty made in the predecessor state continues to be in force. When a part of state separates itself from other even then it will remain in force. In short, most of the times the treaties are to be taken in force by the succeeding states.
SUCCESSION AS TO UN MEMBERSHIP
British India fell down and out of it Pakistan gained independence. British India was predecessor state and it possessed the UN membership while Pakistan had to do a lot of endeavor to get one. Thus, predecessor state keeps the membership while successor works to get a new one.