Lecture 9 State Succession Political entities are not immutable (they are subject to change, new states emerge old ones fade/disappear. Difficulties may result from the change in the political sovereignty over a particular territorial entity for the purposes of international law and the world community.

9.2 Where a new entities emerges one has to decide whether it is a totally separate creature from its predecessor, or whether the is continuation in a different way. Criteria of attainment of state would determine the legal issues to be observed. State succession also covers the situation of unification

10.3 Succession to treaties sometimes gives problems but it aught to be stressed that treaties are as a result of need for most states and are a result of Pacta Sunt Servada. In relation to territorial grounded treaties the right are imposed upon a territorial unit. Boundary treaties- case of Libya vs Chad it was declared that once agreed the boundary stands. Political/personal treaties- linked to specific regime things may change

9.4 Where there is absorption of merger- the former becomes extinct new one emerges in an enlarged form. Cession of state/territory from one state to the other.- the treaties of the former cease to apply while treaties of the latter extends to the territory. Secession from an existing state to a new state /states- newly created state will start a new life free of treaty rights and obligation of former sovereign.

9.5 Newly independent state- there were problems and debates surrounded- clean sate theory and continuity theory. But for independent states from British devolution treaties were signed for continuity. Dissolution of states- where a state end political treaties will end but territorially grounded treaties will continue to attach to the territory in question under new arrangements.

9.6 Succession to membership of an international org will proceed according to whether a new state is formed or an old continues in slightly different form. Assets and debts- relevant parties should settle such issues by agreement. State property- public property of the predecessor passes automatically. State archives- transferred to the successor state even of newly formed state the same rule applies for the purposes of administration.

9.7 Public debt- has been contentious one. Where division it is shared Nationality –assumes the nationality of the state they belong, some enact laws to regulate at most some assumes dual citizenship if the former remains.