Successor state
As a successor state (also Sukzessorstaat or accordingly succession State ) in common parlance is a state called the the territory acquires or part of a disintegrating or contracting State or newly created on its territory. After the fall of the “ Iron Curtain ”, for example, the Soviet Union (→ successor republics of the USSR ), Yugoslavia and Czechoslovakia fell apart . The states after the First World War , which were founded after the break-up of Austria-Hungary , are also referred to as successor states.
Universal succession in international law
In the narrower language of international law , a successor state refers to a new subject under international law that, after the dissolution of an existing one, becomes the legal successor to this extinct state. All contracts, rights and obligations that applied to the previous state now fall on the successor. The Vienna Convention on the Right to Succession to States in Treaties (1978) provides in Article 34 for a universal succession of the states that have emerged after the state's demise, both in bilateral and multilateral treaties.
State succession
The succession in the state and international law , the state succession , the engagement of a state or several states in international law legal position of another state or more other states. It is about the relationship between at least two legal subjects . A distinction must be made between the incorporation ( annexation of Korea by Japan in 1910), the amalgamation of several states into one ( United Arab Republic 1958), the annexation of a part of the state to another state ( Haute-Savoie to France through the Savoy trade in 1860), independence ( Finland 1917), disintegration one state into several states ( collapse of the Soviet Union in 1991 in Russia , Lithuania , Estonia , Latvia, among others ) and the establishment of protectorates , mandates and trust areas .
Example Montenegro
Serbia has as the successor state of Serbia and Montenegro on membership in the United Nations (UN) while Montenegro after the referendum on independence of Montenegro had to apply for UN new as for other organizations. The constitutional charter of Serbia and Montenegro of February 4, 2003 had determined this. As the breakaway state, Montenegro had forfeited all associated rights of political and legal continuity and was therefore not considered a successor state in the sense of international law.
See also
- Clean slate rule
- Dismembration
- Legal position in Germany after 1945
- Translatio imperii
- Restauratio imperii (Renovatio imperii)
literature
- Andreas Zimmermann : State succession in international treaties. At the same time a contribution to the possibilities and limits of international law codification (= contributions to foreign public law and international law; Vol. 141), Springer, Berlin / Heidelberg / New York 2000, ISBN 3-540-66140-9 .
- Karl Doehring , Juliane Kokott , Thomas Buergenthal : Fundamentals of international law. 3rd edition, UTB, 2003, ISBN 978-3-825-21511-8 .
- Wilfried Fiedler : The time factor in the law of state succession . In: State and Law. Festschrift for Günther Winkler , Vienna 1997, pp. 217–236.
- Wilfried Fiedler: State succession and human rights . In: B. Ziemske et al. (Ed.), Festschrift for Martin Kriele, Munich 1997, pp. 1371-1391.
Web links
- Menno T. Kamminga: State Succession in Respect of Human Rights Treaties , in: European Journal of International Law , 1996 (PDF, English)
- The Austrian State Treaty and the Minorities - Symposium of the Alps-Adriatic University and the Slovenian Scientific Institute, Klagenfurt, speech Milan Kučan, 23 May 2005
Individual evidence
- ^ Stephan Wittich: Völkerrecht: Staatsvertrag: Slovenia without Austria's will not a party , Die Presse of March 7, 2005.
- ^ Kristyna Marek, Identity and Continuity of States in Public International Law , 1954, p. 10.
- ^ Leonore Herbst, Staatensukzession und Staatsservituten , Duncker & Humblot, Berlin 1962, p. 21 .
