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State Succession

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State Succession occurs when one international person is replaced with another due to changing circumstances in the State.

The Law of Succession was found in almost every jurisprudence. State Succession is a principle in the Doctrine of Continuity of States and various State Succession Theories. According to this, Government's might change but the State dosen't. Hence, even the rights and liabilities of a State does not change on change of a Government.

Kinds of State Succession

State Succession is of two types:

State Succession and Contracts

Succeeding State should oblige the contracts made by its predecessor State. However, this is not practical and is dependent on the circumstances.

Related Case Laws

  • West Rand Central Gold Mining Ltd (1905) (2 KB 391)

State Succession and Concessionary Contracts

The effect of State Succession on Concessionary Contracts (related to lands, mines or other properties) is dependent on the circumstances

Related Case Laws

  • Premchibar vs. The Union of India (AIR 1966 SC 442)
  • State of Gujarat vs. Vora Fiddali (AIR 1964 SC 1043)
  • Bansidhar Premsukhdas vs. State of Rajasthan (AIR 1967 SC)

State Succession and Unliquidated damages for Torts

The Succession State is not bound to pay any unliquidated damaged for Torts committed by predecessor State.

Related Case Laws

  • Robert E. Brown's Claim Case (1924)

State Succession and Treaties

  • Tradition view: The traditional view is that the Succeeding State is bound to follow all treaties signed by its predecessor.
  • Modern view: Post the Vienna Convention on Succession of States, Succession State can follow Clean State Rule and Moving Treaty Frontiers Rule.

State Succession and Public Debt

  • State Succession does not impact the rights and obligations of creditors.
  • If a new independent State is formed, the succession to public debt depends on the agreement between the two States, provided otherwise, according to the convention.