Succession of states is a
theory in
international relations regarding the recognition and acceptance of a newly created
state by other states, based on a perceived historical relationship the new state has with a prior state. The theory has its root in 19th century
diplomacy.
Overview
Succession may refer to the transfer of rights, obligations, and/or property from a previously well-established
prior state (the
predecessor state) to the new one (the
successor state). Transfer of rights, obligations, and property can include overseas assets (
embassies,
monetary reserves,
museum artifacts), participation in
treaties, membership in
international organizations, and
debts. Often a state chooses piecemeal whether or not it wants to be considered the successor state. A special case arises, however, when the
predecessor state was signatory to a
human rights treaty, since it would be desirable to hold the successor state accountable to the terms of that treaty, regardless of the successor state's desires.
In an attempt to codify the rules of succession of states the
Vienna Convention on Succession of States in respect of Treaties was drafted in 1978. It
entered into force on
November 6,
1996.
In general, the theory is followed in the world community: a new government might be distasteful to others, but pragmatically it must be recognized if it exercises
de facto control over all of the predecessor state's territory.
A difficulty arises at the dissolution of a larger territory into a number of independent states. Of course, each of those states will be subject to the international obligations that bound their predecessor. What may become a matter of contention, however, is a situation where one successor state seeks either to continue to be recognised under the same federal name of that of its predecessor or to assume the privileged position in international organisations held by the preceding federation.
International convention since the end of the
Cold War has come to distinguish two distinct circumstances where such privileges are sought by such a successor state, in only the first of which may such successor states assume the name or privileged international position of their predecessor. The first set of circumstances arose at the dissolution of the
Union of Soviet Socialist Republics (USSR) in 1991. One of this federation's constituent republics, the
Russian Federation was declared the USSR's successor state on the grounds that it contained just under 60 % of the population of the USSR and a larger majority of its territory. In consequence, it acquired the USSR's seat as a permanent member of the
United Nations Security Council. (See
Russia and the United Nations.)
This resolution was in sharp contrast to the manner in which the
United Nations dealt with the claim of the federation of
Serbia and
Montenegro to be recognised as the continuation of the state of Yugoslavia (albeit as the
Federal Republic of Yugoslavia as opposed to the
Socialist Federal Republic of Yugoslavia). These two republics shared in common less than half of the population and territory of the former federation and the UN refused to allow the new federation to sit in the
General Assembly of the United Nations under the name of 'Yugoslavia'. Thus followed over a decade where the state was referred to uneasily as the
Former Federal Republic of Yugoslavia.
In a broader context,
successor state is applied where the international law concept would be at best anachronistic; for example in
universal history or
comparative history.
There are therefore several, quite different possible connotations of
successor state, in terms of the continuity implied.
- The international law term implies legal links, on rights and the recognition of legitimacy of claims, but also on continuing treaty obligations, and the status of citizens who otherwise may become stateless.
- As a loose organisational term for historians, it implies not much more than a plausible link of parentage in a 'family tree' of groups of rulers; there need be no specific legacy going beyond physical possession.
Exceptions to orderly succession
There are several recent examples where succession of states, as described above, has not been entirely adhered to.
- After four of the six constituent republics of the Socialist Federal Republic of Yugoslavia seceded in 1991 and 1992, the rump state, renamed the Federal Republic of Yugoslavia, claimed to be the legal successor, but was not recognised as such by the United States. Initially, the United Nations disagreed, and representatives from Belgrade continued to hold the original Yugoslavian seat, but in 1992, under American influence, the Security Council on September 19 (Resolution 777) and the General Assembly on September 22, retired their recognition on the theory that the Socialist Federal Republic of Yugoslavia had dissolved. The Federal Republic of Yugoslavia (later renamed Serbia and Montenegro) was admitted to membership in the United Nations in 2000; recently, Montenegro declared independence and Serbia inherited the seat.
- The People's Republic of China (PRC) was proclaimed in 1949 claiming to be the successor state of the Republic of China (ROC). The ROC maintained a seat for China on the Security Council until the PRC was admitted to the United Nations and Security Council in 1971 in place of the ROC. To date, the PRC exercises sovereignty over mainland China, while the ROC exercises sovereignty over Taiwan and some minor islands, while each officially claiming to be the sole legitimate government for both mainland China and Taiwan. This is complicated by the traditional Confucian-inspired Chinese historiography, in contrast to modern diplomacy, that if a surviving regime still holds, no matter tiny the area is, it is still the legitimate regime of China over the opposing regime[s] independent of foreign states' non-recognition.
See also
