Public Law Studies Quarterly

The Inadequacy of the doctrine of Non-Succession in respect of the International Responsibility of States

Document Type : Article

Authors

Mohsen Abdolahi 1
Mona Karbalaye Amini 2

1 Associate Prof. Department of International Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran

2 Ph.D. Student in International Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran

https://doi.org/10.22059/jplsq.2020.303474.2448
Abstract
It is clear that the commission of an internationally wrongful act by a state establishes international responsibility for that state. The fact that committing such an act will impose obligations on the responsible state and create rights for the injured state is well established. However, there is a debate among scholars as to the possibility of succession for the responsible or the injured state in terms of the obligations or rights arising from such an act. Most scholars in this field believe in the traditional doctrine of "negative succession" or "absolute doctrine of non- succession". According to this doctrine, in case the responsible or injured state is succeeded by another state, the resulting rights or obligations prior to the date of succession will not be transferred to the successor state. This article, however, argues that due to the unique features of each type of succession, offering a general solution for the various types of succession is not only illogical, but is also, objectionable in situations such as the consent of the successor state, resort to the principle of unjust enrichment or territorial nature of internationally wrongful act. The doctrine of non-succession needs to be adjusted in view of the realities of international society and in accordance with fundamental principles such as protecting human rights and dignity, justice, equity and prevention of unjust enrichment. A realistic approach which is appropriate for the specific characteristics of different types of succession should be adopted.

Keywords

state succession
negative-succession
doctrine of non-succession
internationally wrongful act
international responsibility of states
  1. A) Books
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  1. B) Articles
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  1. C) Documents
  2. Vienna Convention on Succession of States in respect of Treaties,1978,
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  16. Commentaries to the ILC Draft Articles on Responsibility of States for Internationally Wrongful Acts,GAOR,56th Session,Suppl.10,59,119.

 

  1. D) Dissertations
  2. Bagheri Abyaneh, Alireza (1390), "Legal Dimensions of Succession of States in respect of Economy", Phd’s Thesis, public international law of Allameh Tabatabai University (In Persian).
Public Law Studies Quarterly
Volume 52, Issue 1
Spring 2022
Spring 2022
Pages 121-143

  • Receive Date 27 May 2020
  • Revise Date 08 July 2020
  • Accept Date 12 July 2020

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