State Succession:

        State Succession means the replacement of one State by another in the responsibility for the International relations of territory. There is a succession of States where the territory of one State passes from its supremacy to that of another. Succession is primarily a principle of private law, and involves political changes in the State.

Kinds of State Succession :

According to Gerhard von Glahn State Succession is either Partial or Universal -

Partial Succession:

(a) Partial Succession takes place by succession, when another State is established by a part of the territory breaking off from the parent State and thereby gaining independence.


       Example: The separation of the United States from the parent State Great Britain in 1776.

(b) Partial Succession takes place by dismemberment, when a full sovereign State loses part of its independence through incorporation into a Federal State or coming under the suzerainty or protectorate of a stronger power or when a not full sovereign State.

       Example: Czechoslovakia was dismembered in 1938 as a result of the Munich Agreement.

(c) Partial Succession takes place by cession or conquest, when one State acquires a part of another State and assumes sovereignty over the portion ceded.

        Example:  Cession of California to the United Nations 1847


Universal Succession: 

There is Universal Succession...

(a) When one State is Completely absorbed by another as a result of annexation or conquest e.g., the South African Republic was annexed by Great Britain State in 1901, Korea by Japan in 1910 and Abyssinia by Italy in 1936;

(b) When Several States agree to merge into a Federal State or a Union e.g., in 1871 the German States united to form the German empire, the merger of Egypt and Syria on 22nd February, 1958 and later Yemen on the 2nd March 1958, to form the  United Arab Republic; or merger of Iraq and Jordan on the 14th February, 1958 to from the Arab Federal State; and

(c) When one or more States are formed or one or more International Persons take the of another International person by division of a former single State or International Person, each of the independent  State being a Successor State.  

See also...

Modes of Loss of Nationality

Subsidiary Sources of International Law



0 comments:

Post a comment

See Also..