THE STATE SUCCESSION IN RESPECT OF TREATIES

Dimitrijević Duško (Direktor i viši naučni saradnik Instituta za međunarodnu politiku i privredu u Beogradu), dimitrijevicd@diplomacy.bg.ac.rs

1978 Vienna Convention was adopted with the aim of codifying and achieving progressive development of succession of international treaties. Since it relies on the respect of general rules of the international law of treaties and principles that are built in the United Nations legal system, the Convention contributes to attaining legal security, but also to strengthening of peace and international co-operation in the world. Generally speaking, the criteria adopted in the Vienna Convention on Succession of States in Respect of Treaties shows the necessary flexibility. As provided by the provisions of the Vienna Convention “Succession of States means the replacement of one State by another in the responsibility for the international relations of territory”. Succession does not apply to the cases resulting from the documents which are not in conformity with international law. The effects of the Convention are limited to the agreements concluded between states. The Convention does not prejudice the validity of an agreement, and by all this, if it results from international law rules it cannot be implemented to the detriment of agreements concluded by other subjects of international law. Also, the Convention is not applied to the agreements constituting international organisations and treaties, which are adopted under their auspices.The Vienna Convention consists of 50 Articles that are methodologically classified in seven parts (the first relates to general provisions; the second to succession in respect of part of territory; the third to the effects of succession in case of creation of newly independent states; the fourth to succession in case of uniting and separation of states; the fifth includes miscellaneous provisions; the sixth relates to peaceful settlement of disputes and the seventh contains final provisions. The Convention differentiates the effects of succession on international treaties. In this sense, the Convention differentiates the rules on automatic succession (ipso jure continuity) and optional succession based on the rules on “clean slate” those on moving treaty frontiers. The Convention does not bring into question succession of treaties on internationally recognised borders and territorial regimes. Its provisions do not prejudice any question that could be posed concerning the international responsibility of a state or starting of hostilities between states, or the question that could be raised regarding the military occupation of a territory. If an international treaty accidentally lost its legal effectiveness on a state due to its change, treaty rights and obligations could be maintained by applying cogent norms of international law. This is a confirming rule of international law, which is also codified by 1969 Vienna Convention on Succession of States in Respect of Treaties. It does not prejudice questions that could be posed for treaties when the succession of states occurs. In spite of the fact that the provisions of the Convention are applied to succession after it has come into force, so far, successor states have had full freedom to make arrangements on its retroactive implementation. Implementation of some provisions of the Convention on its own succession is understandable in a way, bearing in mind that states can make a conclusions that some rules of the Vienna Convention are an expression of the existing customary law and international practice. Finally, the approach mentioned above, has contributed to more efficient regulation of contemporary succession cases. This has also confirmed the practical significance of the adopted solutions contained in the Vienna Convention on Succession of States in Respect of Treaties.

Keywords: International treaties, succession of states, the 1978 Vienna Convention on Succession of States in Respect of Treaties, codification