Vienna Convention on the Succession of States in Treaties

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The Vienna Convention on the Succession of States in Treaties ( WKRSV ) of August 23, 1978 is an international law treaty that came into force in 1996 and contains rules on what should happen to existing international treaties in the event of a state succession .

designation

Since German is not one of the languages ​​in which the treaty officially exists, and there is also no official German translation, there are various terms from the combinations of " Vienna Convention " / " Vienna Convention ", " about " / " regarding the "," State succession "/" State succession " ," in international treaties "/" in treaties ". While “Convention” is closer to the English title Vienna Convention on Succession of States in Respect of Treaties , “State Succession” and “State Succession” are equivalent translations; Due to the linguistic distinction between contracts and treaties in English as opposed to German , “in international treaties” has the clear meaning of the word.

Meaning and practical relevance

The right of state succession is a controversial area of international law on many points . The Vienna Convention on the Law of Treaties expressly leaves unaffected questions that may arise with regard to a treaty from the succession of states (Art. 73 WVK). To date, the Vienna Convention on the Succession of States in international treaties is the only codification on the law of state succession that has come into force; So far not enough contracting states have been found for the entry into force of the Vienna Convention on State Succession in State Assets , Archives and Debts .

The treaty also codified regulations that differ from customary international law. For example, the continuity of international treaty obligations is the principle; The “ clean slate ” or “tabula rasa” principle should only apply to newly independent, ie decolonized, states . The acceptance and practical relevance of the contract has therefore remained low; in many cases the states concerned agree individual regulations.

In 2011 only 37 states were contracting parties, none of which were in Western Europe (except for the Holy See ), in North America, in the Far East or in Oceania. The German Democratic Republic was a contracting party, the Federal Republic of Germany is not.

Contract text

The text of the contract can be found in:

  • ILM , Vol. 17 (1978), p. 1488 ff.
  • AVR , Vol. 18 (1979), pp. 226-244.
  • ZaöRV , Vol. 39 (1979), pp. 279 to 300 ( digitized ; PDF; 3.0 MB).

Individual evidence

  1. ^ Vienna Convention on succession of States in respect of treaties. In: United Nation Treaty Collection. United Nations, January 22, 2012, accessed January 23, 2012 (List of Contracting Parties).
  2. ^ Convention on Succession of States in Respect of Treaties. Vienna, 23 August 1978 (PDF)