Public Law Studies Quarterly

Basis for the State Succession to Obligations in respect of International Wrongful Acts

Document Type : Article

Authors

Mostafa Fazaeli 1
Mohamad Setayeshpur 2

1 Associate Prof., Department of International Law, Faculty of Law, University of Qom, Qom, Iran

2 Assistant Prof., Department of International Law, Faculty of Law, University of Qom, Qom, Iran

https://doi.org/10.22059/jplsq.2019.264536.1819
Abstract
Succession of states to obligations resulting from international wrongful acts is related to the broader topic of succession to international responsibility about which there are very different opinions. Applying a descriptive-analytical method, the present paper is seeking to explain the basis of state succession to obligations in respect of international wrongful acts. Moreover, it explains the principles of non-transmission and of continuance which the advocates of non-succession have relied on. In spite of all the dissenting opinions, especially in classical scholarship, this article comes to the conclusion that there are no impediments in international law to prevent the transfer of obligations in respect of international wrongful acts. Scrutinizing this proposition is the subject of the present paper.

Keywords

state succession
consequences of succession
law of international responsibility
transmission of obligation
international wrongful act

  1. English

    1. A) Books
    2. Brierly, James Leslie (1928), The Law of Nations, An Introduction to the International Law of Peace, Oxford, Clarendon Press.
    3. Brownlie, Ian (2003), Principles of Public International Law, 6th ed., Oxford, Clarendon Press.
    4. O’Brien, John (2001), International Law, London, Cavendish Publication.
    5. de Visscher, Charles Marie Joseph Désiré (1957), Theory and Reality in Public International Law, Princeton, Princeton University Press.
    6. Cheng, Bin (1953), General Principles of Law as Applied by International Courts and Tribunals, London, Stevens and Sons.
    7. Dumberry, Patrick (2007), State Succession to International Responsibility, Boston, Leiden, Martinus Nijhoff Publishers.
    8. Feilchenfeld, Ernest Herman (1931), Public Debts and State Succession, New York, Macmillan.
    9. Hall, William Edward (1924), A Treatise on International Law, 8th ed. by A. Pearce Higgins, Oxford, Clarendon Press.
    10. Hyde, Charles Cheney (1945), International Law Chiefly as Interpreted and Applied by the United States, 2nd ed., Boston, Little, Brown and Co, vol. I.
    11. Keith, Arthur Berriedale (1907), The Theory of State Succession with Specific Reference to English and Colonial Law, London.
    12. Kelsen, Hans (1966), Principles of International Law, 2nd ed., Revised and ed. By Robert W. Tucker, New York, Holt, Rinehart and Winston inc.
    13. Kolb, Robert (2017), The International Law of State Responsibility: Principles of International Law Series, Edward Elgar Publishing Limited.
    14. Lauterpacht, Hersch (1927), Private Law Sources and Analogies of International Law, London, Longmans.
    15. Malanczuk, Peter (1997), Akehurst’s Modern Introduction to International Law, 7th ed., London, Routledge.
    16. McNair, Arnold Duncan (1956), International Law Opinions, Vol. I, Cambridge, Cambridge University Press.
    17. Manning, William Oke (1875), Commentaries on the Law of Nations, London, ed. By Sheldon Amos.
    18. O’Connell, Daniel Patrick (1967), State Succession in Municipal Law and International Law, Vol. I, Cambridge University Press.
    19. Phillipson, Coleman (1916), Termination of War and Treaties of Peace, New York, E. P. Dutton and cie.
    20. Schwarzenberger, Georg (1960), A Manual of International Law, 4th ed., London, Stevens and Sons, vol. I.
    21. Shaw, Malcolm (1997), International Law, 4th ed., Cambridge, Cambridge University Press.
    22. Verzijl, Jan Hendrik Willem (1974), International Law in Historic Perspective, Leiden, Albertus Willem Sijthoff.
    23. Westlake, John (1904), International Law, Cambridge, Cambridge University Press.

     

    1. B) Articles
    2. Conforti, Benedetto (1994), “The Theory of Competence in Verdross”, European Journal of International Law, Vol. 6, No. 1, pp. 70-77.
    3. Hurst, Cecil James Barrington (1924), “State Succession in matters of Tort”, British Yearbook of International Law, Vol. 5, pp. 163-178.
    4. Shelton, Dinah (2002). “Righting Wrongs: Reparations in the Articles on State Responsibility”, American Journal of International Law, vol. 96, no. 4, pp. 833-856.
    5. Vidmar, Jure (2016). “Some Observations on Wrongfulness, Responsibility and Defences in International Law”, Netherlands International Law Review, vol. 63, pp. 335-353.
    6. Volkovitsch, Michael John (1992). “Righting Wrongs: Toward a New Theory of State Succession to Responsibility for International Delicts”, Columbia Law Review, vol. 92, no. 8, pp. 2162-2214.

     

    1. C) Cases and Documents
    2. ICJ (1996). Legality of the Threat or Use of Nuclear Weapons, Advisory Opinion.
    3. ILC (1999). Articles on Nationality of Natural Persons in relation to Succession of States
    4. ILC (2001). Yearbook, vol. II, part. 2, Draft Articles on Responsibility of States for Internationally Wrongful Acts (ARSIWA).
    5. ILC (2016). A/71/10, Report of the Sixty-eight Session.
    6. ILC (2017). A/72/10, Ch. IX, First Report on Succession of States in Respect of State Responsibility, by Pavel Šturma, Special Reporter.
    7. ILC (2018). A/73/10, Ch. X, Second Report on Succession of States in respect of State Responsibility, by Pavel Šturma, Special Reporter.
    8. Vienna Convention on Succession of States in respect of Treaties (1978).
    9. Vienna Convention on Succession of States in respect of State Property, Archives and Debts (1983).

    Refrences In Persian:

    1. A) Books
    2. Ebrahimgol, Alireza (2012), The Draft Articles on Responsibility of States for Internationally Wrongful Acts with Commentaries, 2001, Under Supervision of Seyed Jamal Seifi, The SD Institute of Law Research & Study (In Persian).
    3. Crawford, James (2013), State Responsibility (The General Part), Translated by Alireza Ebrahimgol, Siamak Karimi, Hasan Khosroshahi & Parisa Roshanfekr, The Sangelaj Ghalam Institute of Law, 2017 (In Persian).
    4. Ziai Bigdeli, Mohamad Reza (2011), Public International Law, Ganjedanesh Publications (In Persian).

     

    1. B) Articles
    2. Alborzi Verki, Masoud (2004), “Advisory Opinion of the International Court of Justice on the Threat or Use of Nuclear Weapons: A Critical Study”, International Law Review, No. 31, pp. 5-87 (In Persian).
    3. Conforti, Benedetto (1994), “The Theory of Competence in Verdross”, European Journal of International Law, Vol. 6, No. 1, pp. 70-77.
    4. Fazaeli, Mostafa & Setayeshpur, Mohamad (2019), “Necessity of ‘State Succession on International Responsibility’ in the Perspective of International Law: Conception and Challenges”, Public Law Studies Quarterly, Vol. 49, iss. 1, pp. 97-116 (In Persian).
    5. Fazaeli, Mostafa & Setayeshpur, Mohamad (2019), “Static Interpretation of the International Court of Jusstice in Establishing Responsibility for Genocide: Scrutinizing the Case of Croatia v. Serbia (2015)”, Public Law Studies Quarterly, Vol. 50, iss. 1, pp. 333-351 (In Persian).
    6. Momtaz, Djamchid (1997), “Progressive Development & Codification of International Law by the United Nations Organization”, Legal Research Quarterly, No. 119, pp. 269-287 (In Persian).
    7. Molaei, Yousef (1996). “Counter-Dependency of Public International Law & Private International Law in the Issue of Jurisdiction”, Public Law Studies Quarterly (Former Review of the Faculty of Law and Political Science), No. 1064, pp. 115-134 (In Persian).
    8. Shelton, Dinah (2002). “Righting Wrongs: Reparations in the Articles on State Responsibility”, American Journal of International Law, vol. 96, no. 4, pp. 833-856.
    9. Shafe, Mirshahbiz & Bazzar, Vahid (2018), “Succession of States in International Responsibility”, Legal Research Quarterly, No. 81, pp. 315-336 (In Persian).
    10. Safaei, Hossein (1985), “Force Majeure: General Study of Comparative Law & International Law & International Commercial Agreements”, International Law Review (Former Law Review), No. 3, pp. 111-149 (In Persian).

     

    1. C) Thesis
    2. Setayeshpur, Mohamad (2019), Legal Consequences of State Succession in respect of International Responsibility, Dissertation for the Degree of Doctor of Philosophy in International Law, Supervised by Mostafa Fazaeli, Faculty of Law, University of Qom (In Persian).
Public Law Studies Quarterly
Volume 52, Issue 3
Autumn 2022
Autumn 2022
Pages 1473-1488

  • Receive Date 28 August 2018
  • Revise Date 09 December 2018
  • Accept Date 02 January 2019

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