Legal Encyclopedia. The letter P

Succession of States

- Replacement of one State by another in the responsibility for the international relations of any territory. P. occurs:

1) when a new state;

2) the separation of state for a few new ones;

3) by combining several states into one new state;

4) when separated from the state of the territory, which forms an independent state.

PG objects are the rights and obligations arising from international treaties, State property, public records, public debts.

The new state by universal succession inherits all the rights and obligations of the predecessor State.

Vienna Convention on Succession of States in respect of Treaties of 23 August

1978 defines PG international treaties. The Convention establishes that the obligations or rights of the predecessor State under treaties are in force in respect of that territory at the time of the succession of States, are not obligations or rights of the successor State in relation to the other States Parties to such agreements by virtue of the fact that this State the predecessor and the successor State have concluded an agreement on the transition of such obligations or rights to the successor State.

However, the new state is entitled by way of universal succession to establish its status as a party to the treaty, which at the time had the power to PG in the territory to which the succession. Assignee can take part in the contract, which is not entered at the time of PG in force, if the predecessor State was one of the contracting states. The signing of the new state

international treaty means that it expresses its intention to extend the agreement to the territory of a Contracting State.

According to Art. 24 of the Vienna Convention on Succession of States bilateral agreement with the predecessor State in respect of the territory to which

succession is considered valid between its successor, if:

1) the parties so agree;

2) because of their behavior, they must be considered as having so agreed.

By combining state into one new state treaties that were in force in respect of any of them, are in the territory of the new state. Upon separation of the territory and the formation of an independent state, international treaties in force in respect of the entire territory of the predecessor State,

continue to be in force in respect of the successor State, and the international treaties shall apply to only part of the breakaway territories, continue to be in force only with respect to that successor State.

state ownership

Predshestvennika--state property, rights and interests which belonged to him at the time of succession. Questions P.

state ownership are governed by the Vienna Convention of 8 April 1983 on Succession of States in respect of State Property, Archives and Debts.

Transition State property of the predecessor State entails the extinction of the rights of the state and the emergence of the rights to it in the successor State.

The concept and scope of state property are defined by the legislation of the predecessor State. principles

transfer of state property to the assignee:

1) said transition property occurs without compensation;

2) the predecessor State is obliged to ensure the safety and integrity of the property, to protect it from destruction and damage;

3) the successor State may not invoke its internal law as the basis of the acquisition of property rights, if it is contrary to the predecessor State law in effect at the time of P.

Real Estate, part of the state property transferred to the State on whose territory it is situated, real property located abroad, divided between its successors.

Movable property, functionally related to real estate is transferred to the State in whose territory the property is located, and the rest is divided among the States in equitable proportions.

The state archives are part of the state property and represent a set of documents of any old and kind, produced or acquired by the predecessor State in the course of its activities, which at the time of State succession belonged to the predecessor State according to its domestic law and kept them directly or under control as archives for various purposes.

The passing of State archives of the predecessor State entails the extinction of the rights of the state and the occurrence on them of the rights of the successor State.

The predecessor State shall take

all measures to prevent damage or destruction of public records are transferred to the successor State in accordance with these provisions.

Administrative files are transferred to the State, to the territory of which they relate. Archives related titles territory and its borders, transmitted successor States, which shall provide each other with copies of the archives themselves or with them. Historical archives are transferred to the State, to the territory of which they are directly related.

Public debt - financial liabilities of the predecessor State against another State, an international organization or any other subject of international law arising in accordance with international law. The Vienna Convention 1983 sets the rule that PG does not affect the rights and obligations of creditors and the transfer of public debt to the new state entails the termination of the predecessor State's obligations and the emergence of the successor State obligations with respect to government debt, which pass to the successor State.

When combined in one new state

the successor State. In other cases, PG relevant parties conclude an agreement with each other, which regulates the question of the transition of government debt. In the absence of an agreement mentioned problem is solved according to the method of P. Thus, if a state has arisen as a result of the liberation from colonial rule, the public debt of the predecessor does not go by way of AP to the successor State. If the new state arises in the office of the territory, it bears the liability for the debts of the predecessor State.

State of the predecessor State

debt

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