International succession of States

представляет собой переход обязанностей и юридических возможностей одной страны к другой. International succession of states is a transition of duties and legal capabilities 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. , определяются суверенной волей стран. The limits within which the succession of states are realized are determined by the sovereign will of the countries.

Key theories

считается одним из древнейших институтов в мировой юридической системе. The succession of states is considered one of the oldest institutions in the world 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:

1. Universal and partial succession.
2. "Clean the board."
3. Succession and non-succession.
4. Continuity.

Let us consider them in more detail.

Features of concepts

In accordance with the theory of universal 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 granting of 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 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 .

Grounds for the transition

может осуществляться при: The succession of States may be exercised when:

1. Social revolutions.
2. The collapse of the country into two or more parts.
3. The confluence of powers in the entry of one territory into another.
4. Definition of the provisions regarding the metropolitan countries and the creation of a new independent state.

World life knows many examples of disunity and 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.

Specificity

тесным образом связано с вопросами непрерывности существования и идентичности субъектов мировой системы. The succession of states is closely connected with the issues of the continuity of existence and identity of the subjects of the world system. The heir-country generally accepts all the duties and legal capabilities of the predecessor. тесно связано с современными нормативными институтами. One can not but note the fact that the 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.

Normative base

Currently, there are two main documents, according to which the transition of legal opportunities and responsibilities from one country to another is carried out. госсобственности, архивов и долгов. In particular, the Vienna Convention on the Succession of States with respect to State Property, Archives and Debts is the first. 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.

Types and objects

At present, the succession of States may be exercised in relation to:

1. . Contracts .
2. State property.
3. Archives.
4. Debts.

As objects, respectively, can act:

1. Borders.
2. State property, archives, debts.
3. International treaties.
4. Membership in intergovernmental organizations.

Basic provisions on the succession of States in respect of agreements

устанавливает, в частности, что новая независимая страна может установить свой статус участника многостороннего соглашения, который на момент перехода обязанностей и юридических возможностей находился в силе к территории, выступающей в качестве объекта наследования. They are defined in the document of 1978. The Convention on the Succession of States establishes in particular that a new independent country can establish its status as a participant in a multilateral agreement that, at the time of transfer of duties and legal capabilities, 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. предписывает составление уведомления о "наследовании". At the same time, the Vienna Convention on the Succession of States prescribes the drafting of a notification of "inheritance". It is issued in writing. In the notification, the new state may express its consent to be bound only by part of the agreement or to choose between certain provisions of the agreement, if such an option 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.

State property

The transfer of the property of the predecessor country entails the termination of its rights to it. Accordingly, legal opportunities appear 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:

1. Real estate, which is located on the territory of the country, passes to the heir.
2. Movable objects associated with the activities of the predecessor state in the territory serving as the object of transfer are obtained by the successor.

Unification and separation

When two or more states unite, they form one successor country. The state ownership of the 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 of the predecessor, then it goes to all heirs in equal shares.

Archives

They are a set of documents of any kind and limitation, 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. Documents are transferred without compensation. The predecessor country is obliged to take all appropriate measures to preserve integrity, prevent destruction or damage to the archive, which is transferred to the successor.

Debts

They include any financial 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. First of all, 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.

Nationality of natural persons

One of the most pressing problems in the field of international succession is 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.