Law and practice of state succession to treaties

Abstract

Introduction provided by author:

This is the reason why it is necessary to discuss the practice of state succession to treaties. Many states have become independent since World War II either by the transfer of sovereignty to colonies which were previously part of the metropolitan states, and which did not enjoy any measure of international personality or by the withdrawal from protectorates which enjoyed some degree of international personality while still under protection. Most Mandates and Trust territories have also become independent. In our discussion it will be interesting to note that the arrival of new states on the scene has produced a a multiple effects on the question of state succession. It should be further made categorically clear that our discussion throughout this paper will mainly be narrowed down to the problems caused by the decolonization process

To underscore the need for more progressive rules of practice in this field, the U. N. General Assembly in its Resolution 1765 (XVII) of November 1962 expressly urgued the International Law Commission (ILC), which is responsible for codifying and promoting the progressive development of international law, that it should pay appropriate attention to the views of states which attained independence since World War lI on this subject. To this end, the Commission has organised a number of conferences to discuss questions of international law, (including treaty law)

The paper is divided into five chapters, excluding the introduction. Chapter one deals with some theoretical issues of practical significance, which are basic to an understanding of the line of thought adopted throughout this paper. The chapter examines the definition and various theories of state succession as applied to treaties as well as the position of the Draft Convention as adopted by the International Law Commission. It also tries to point out the inconsistency of these theories with contemporary ethics and practice of the states in this respect. The chapter further discusses various types of treaties, the phenomena of decolonization and its impact on the traditional theories of state succession as applied to treaties and lastly the question of character of boundary treaties in relation to the general practice of African states in view of the 1964 OAU Resolution

Chapter two deals with state practice in devolution agreements (i. e in light of the phenomena of decolonization). The chapter examines the origin and validity of agreements and their place in international law - an analysis of some selected state practices and lastly the question of unequal teaties of co- operation by some former French Colonies in Africa. The third chapter deals with state practice in default of devolution agreements - some selected states. Chapter four deals with the impact of law and practice of state succession to treaties upon a future independent Namibia. This includes the legality of the treaties currently applicable to Namibia, that is, post-revocation and pre-revocation treaties. The last chapter deals with conclusions and recommendations