The law of state succession: regulating the aftermath

Devaney, J. G. (2022) The law of state succession: regulating the aftermath. In: Vidmar, J., McGibbon, S. and Raible, L. (eds.) Research Handbook on Secession. Series: Research handbooks in international law series. Edward Elgar, pp. 33-347. ISBN 9781788971744 (hardback); 9781788971751 (eISSN) (doi: 10.4337/9781788971751.00033)

Abstract

This chapter focuses on the law of state succession, or in other words the legal regulation of what happens after secession occurs. While state succession affects the entire panoply of international legal rights and obligations applicable to the successor state (as well as any continuing state), the chapter focuses on four main areas: state succession in relation to treaties; state property, archives and debts; nationality; and state responsibility. A general critical evaluation of the current state of the law shows that the transition to statehood is most often governed by ad hoc agreements between succeeding and continuing states. As such, it is argued the best way forward may be to bolster a duty to negotiate such agreements in good faith rather than persist with the development of general one-size-fits-all rules.

• Item Type: Book Sections
• Additional Information: Previously published as GCILS Working Paper, No. 6, November 2020 [https://gcils.org/gcils-working-paper-series/].
• Status: Published
• Glasgow Author(s) Enlighten ID: Devaney, Dr James
• Authors: Devaney, J. G.
• Subjects: K Law > KZ Law of Nations
• College/School: College of Social Sciences > School of Law
• Publisher: Edward Elgar
• ISBN: 9781788971744 (hardback); 9781788971751 (eISSN)
• Published Online: 13 December 2022
• Copyright Holders: Copyright © 2022 the author
• Publisher Policy: Reproduced in accordance with the publisher copyright policy

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