Succession Of States Theory
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Succession of states is a concept in
international relations International relations (IR), sometimes referred to as international studies and international affairs, is the scientific study of interactions between sovereign states. In a broader sense, it concerns all activities between states—such as ...
regarding a successor state that has become a
sovereign state A sovereign state or sovereign country, is a polity, political entity represented by one central government that has supreme legitimate authority over territory. International law defines sovereign states as having a permanent population, defin ...
over a territory (and populace) that was previously under the sovereignty of another state. The theory has its roots in 19th-century
diplomacy Diplomacy comprises spoken or written communication by representatives of states (such as leaders and diplomats) intended to influence events in the international system.Ronald Peter Barston, ''Modern diplomacy'', Pearson Education, 2006, p. 1 ...
. A successor state often acquires a new
international legal personality International legal personality (International juridical personality) is an important facet of international law that has developed throughout history as a means of international representation and capacity to contract and institute International l ...
, which is distinct from a continuing state, also known as a continuator or historical heir, which despite change to its borders retains the same legal personality and possess all its existing rights and obligations (such as a
rump state A rump state is the remnant of a once much larger state, left with a reduced territory in the wake of secession, annexation, occupation, decolonization, or a successful coup d'état or revolution on part of its former territory. In the last case, ...
).


Partial and universal state succession

A state succession can be characterized as either being ''universal'' or ''partial''. A universal state succession occurs when one state is completely extinguished and its sovereignty is replaced by that of one or more successor states. A partial state succession occurs when the state continues to exist after it has lost control of a part of its territory. An example of a partial state succession is the case of the split of
Bangladesh Bangladesh (}, ), officially the People's Republic of Bangladesh, is a country in South Asia. It is the eighth-most populous country in the world, with a population exceeding 165 million people in an area of . Bangladesh is among the mos ...
from Pakistan, there was no challenge to Pakistan's claim to continue to exist and to retain its membership of the United Nations: it was a continuator and not a successor. Bangladesh eventually was recognized as a new state: it was a successor and had to apply for UN membership. An example of a universal state succession is the dissolution of
Czechoslovakia , rue, Чеськословеньско, , yi, טשעכאסלאוואקיי, , common_name = Czechoslovakia , life_span = 1918–19391945–1992 , p1 = Austria-Hungary , image_p1 ...
. Neither part claimed any continuity: both the
Czech Republic The Czech Republic, or simply Czechia, is a landlocked country in Central Europe. Historically known as Bohemia, it is bordered by Austria to the south, Germany to the west, Poland to the northeast, and Slovakia to the southeast. The ...
and
Slovakia Slovakia (; sk, Slovensko ), officially the Slovak Republic ( sk, Slovenská republika, links=no ), is a landlocked country in Central Europe. It is bordered by Poland to the north, Ukraine to the east, Hungary to the south, Austria to the s ...
were new successor states.


Rights and obligations

Consequent upon the acquisition of
international legal personality International legal personality (International juridical personality) is an important facet of international law that has developed throughout history as a means of international representation and capacity to contract and institute International l ...
, the difficult matter of succession to treaty rights and obligations arises. Succession may refer to the transfer of rights, obligations, or property from a previously well-established predecessor state to its successor state, and can include overseas assets such as
diplomatic missions A diplomatic mission or foreign mission is a group of people from a state or organization present in another state to represent the sending state or organization officially in the receiving or host state. In practice, the phrase usually deno ...
,
foreign-exchange reserves Foreign exchange reserves (also called forex reserves or FX reserves) are cash and other reserve assets such as gold held by a central bank or other monetary authority that are primarily available to balance payments of the country, influence ...
, and museum artifacts; and participation in treaties in force at the date of succession or
international organization An international organization or international organisation (see spelling differences), also known as an intergovernmental organization or an international institution, is a stable set of norms and rules meant to govern the behavior of states an ...
s. In an attempt to codify the rules of succession of states, the 1978 Vienna Convention entered into force on November 6, 1996.


Classification of cases

In their application to the acquisition of independence, distinctions should be drawn between different cases though the line of demarcation is not always clear:''Commonwealth and Colonial Law'' by
Kenneth Roberts-Wray Sir Kenneth Owen Roberts-Wray, GCMG, QC (6 June 1899 – 29 August 1983) was a British lawyer and civil servant. An authority on Commonwealth and colonial law, he was Legal Adviser to the Commonwealth Relations Office (Dominions Office until 194 ...
, London, Stevens, 1966. P. 267.
* Bilateral and multilateral treaties necessarily give rise to different considerations. * There are ''real'' treaties and ''personal'' treaties. Real treaties affect the territory itself, such as boundary agreements or the grant of transit rights, which can continue irrespective of the personality of the state. The new state must take over the country in the condition in which it finds it, as the parent state cannot give more than it possesses. Such treaties can be described as "treaties creating purely local obligations."


Exceptions to orderly succession

There are several recent examples where a succession of states, as described above, has not been entirely adhered to. This is mostly a list of the exceptions that have occurred since the creation of the
United Nations The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and international security, security, develop friendly relations among nations, achieve international cooperation, and be ...
in 1945. In previous historical periods, the exceptions would be too many to list.


Afghanistan

The
Taliban The Taliban (; ps, طالبان, ṭālibān, lit=students or 'seekers'), which also refers to itself by its state (polity), state name, the Islamic Emirate of Afghanistan, is a Deobandi Islamic fundamentalism, Islamic fundamentalist, m ...
state in
Afghanistan Afghanistan, officially the Islamic Emirate of Afghanistan,; prs, امارت اسلامی افغانستان is a landlocked country located at the crossroads of Central Asia and South Asia. Referred to as the Heart of Asia, it is bordere ...
(the
Islamic Emirate of Afghanistan Afghanistan, officially the Islamic Emirate of Afghanistan,; prs, امارت اسلامی افغانستان is a landlocked country located at the crossroads of Central Asia and South Asia. Referred to as the Heart of Asia, it is bordere ...
) became the ''de facto'' government of nearly all the country in the mid-1990s, but the
Afghan Northern Alliance The Northern Alliance, officially known as the United Islamic National Front for the Salvation of Afghanistan ( prs, جبهه متحد اسلامی ملی برای نجات افغانستان ''Jabha-yi Muttahid-i Islāmi-yi Millī barāyi Nijāt ...
was still recognised by many nations and retained the UN seat. In 2021, the Taliban again took power, but it does not have the Afghanistan UN seat.


China

The
People's Republic of China China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's most populous country, with a population exceeding 1.4 billion, slightly ahead of India. China spans the equivalent of five time zones and ...
(PRC) was established in 1949 in
mainland China "Mainland China" is a geopolitical term defined as the territory governed by the People's Republic of China (including islands like Hainan or Chongming), excluding dependent territories of the PRC, and other territories within Greater China. ...
and claimed succession from the
Republic of China Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the northeast ...
(ROC). The ROC's
territory A territory is an area of land, sea, or space, particularly belonging or connected to a country, person, or animal. In international politics, a territory is usually either the total area from which a state may extract power resources or a ...
was reduced to mainly the
island of Taiwan Taiwan, officially the Republic of China (ROC), is an island country located in East Asia. The main island of Taiwan, formerly known in the Western political circles, News media, press and Western literature, literature as Formosa, makes up 99% of ...
, although it continues to claim control of the mainland. At the start of the
Cold War The Cold War is a term commonly used to refer to a period of geopolitical tension between the United States and the Soviet Union and their respective allies, the Western Bloc and the Eastern Bloc. The term '' cold war'' is used because the ...
the PRC was recognized by few states; the ROC continued to represent "China" in the
United Nations The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and international security, security, develop friendly relations among nations, achieve international cooperation, and be ...
and hold the permanent seat on the UN Security Council. In 1971, the PRC replaced the ROC in the UN through
General Assembly Resolution 2758 The United Nations General Assembly Resolution 2758 (also known as the Resolution on Admitting Peking) was passed in response to the United Nations General Assembly Resolution 1668 that required any change in China's representation in the UN b ...
, this followed a trend of greater recognition for the PRC at the expense of the ROC. Although the resolution makes no mention over
Taiwan Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the nort ...
, the ROC continues to be unrepresented within the United Nations but exercises sovereignty over the
Taiwan Area The free area of the Republic of China, also known as the "Taiwan Area of the Republic of China", "Tai-Min Area (Taiwan and Fujian)" or simply the "Taiwan Area", is a term used by the government of the Republic of China (ROC) to refer to ...
. Despite of the Chinese Mainland, the ROC also claims borderlands unclaimed by the PRC, most notably
Outer Mongolia Outer Mongolia was the name of a territory in the Manchu-led Qing dynasty of China from 1691 to 1911. It corresponds to the modern-day independent state of Mongolia and the Russian republic of Tuva. The historical region gained ''de facto' ...
. In
Chinese history The earliest known written records of the history of China date from as early as 1250 BC, from the Shang dynasty (c. 1600–1046 BC), during the reign of king Wu Ding. Ancient historical texts such as the ''Book of Documents'' (early chapter ...
, periods of prolonged political division and dynastic transition saw the existence of more than one "China" at the same time. China was politically divided during several sustained periods historically, with two or more states simultaneously existing on territories associated with "China" and claiming to represent "China". Examples include the Spring and Autumn,
Warring States The Warring States period () was an era in ancient Chinese history characterized by warfare, as well as bureaucratic and military reforms and consolidation. It followed the Spring and Autumn period and concluded with the Qin wars of conquest ...
,
Three Kingdoms The Three Kingdoms () from 220 to 280 AD was the tripartite division of China among the dynastic states of Cao Wei, Shu Han, and Eastern Wu. The Three Kingdoms period was preceded by the Han dynasty#Eastern Han, Eastern Han dynasty and wa ...
,
Sixteen Kingdoms The Sixteen Kingdoms (), less commonly the Sixteen States, was a chaotic period in Chinese history from AD 304 to 439 when northern China fragmented into a series of short-lived dynastic states. The majority of these states were founded by ...
,
Northern and Southern dynasties The Northern and Southern dynasties () was a period of political division in the history of China that lasted from 420 to 589, following the tumultuous era of the Sixteen Kingdoms and the Eastern Jin dynasty. It is sometimes considered as ...
,
Five Dynasties and Ten Kingdoms The Five Dynasties and Ten Kingdoms period (), from 907 to 979, was an era of political upheaval and division in 10th-century Imperial China. Five dynastic states quickly succeeded one another in the Central Plain, and more than a dozen concu ...
periods, Warlord Era and the
Chinese Soviet Republic The Chinese Soviet Republic (CSR) was an East Asian proto-state in China, proclaimed on 7 November 1931 by Chinese communist leaders Mao Zedong and Zhu De in the early stages of the Chinese Civil War. The discontiguous territories of the CSR ...
among others. Just as the PRC and the ROC formally claim exclusive mandate over the entirety of China, historical Chinese dynasties that existed during periods of sustained political disunity often claimed exclusive Chinese politico-cultural orthodoxy at the expense of others. During dynastic transitions, it was rare for one dynasty to end abruptly and transition smoothly to a new one, resulting in the existence of more than one entity claiming to be "China". For instance, during the
Ming–Qing transition The transition from Ming to Qing, alternatively known as Ming–Qing transition or the Manchu conquest of China, from 1618 to 1683, saw the transition between two major dynasties in Chinese history. It was a decades-long conflict between the em ...
, the
Ming dynasty The Ming dynasty (), officially the Great Ming, was an Dynasties in Chinese history, imperial dynasty of China, ruling from 1368 to 1644 following the collapse of the Mongol Empire, Mongol-led Yuan dynasty. The Ming dynasty was the last ort ...
existed alongside the
Qing dynasty The Qing dynasty ( ), officially the Great Qing,, was a Manchu-led imperial dynasty of China and the last orthodox dynasty in Chinese history. It emerged from the Later Jin dynasty founded by the Jianzhou Jurchens, a Tungusic-speak ...
from 1636 to 1644. The predecessor of the Qing dynasty, the Later Jin dynasty, was established in 1616 and ruled over northeastern China whilst the Ming dynasty ruled over
China proper China proper, Inner China, or the Eighteen Provinces is a term used by some Western writers in reference to the "core" regions of the Manchu-led Qing dynasty of China. This term is used to express a distinction between the "core" regions popu ...
. Following the
fall of the Ming dynasty The transition from Ming to Qing, alternatively known as Ming–Qing transition or the Manchu conquest of China, from 1618 to 1683, saw the transition between two major dynasties in Chinese history. It was a decades-long conflict between the e ...
in 1644, remnants of the Ming imperial family, whose regime is known in historiography as the
Southern Ming dynasty The Southern Ming (), also known as the Later Ming (), officially the Great Ming (), was an imperial dynasty of China and a series of rump states of the Ming dynasty that came into existence following the Jiashen Incident of 1644. Shun forces ...
, continued to rule parts of southern China until 1662. Multiple ephemeral regimes also existed during this period, including the
Shun Shun may refer to one of the following: *To shun, which means avoiding association with an individual or group * Shun (given name), a masculine Japanese given name *Seasonality in Japanese cuisine (''shun'', 旬) Emperor Shun * Emperor Shun ( ...
and Xi dynasties on
mainland China "Mainland China" is a geopolitical term defined as the territory governed by the People's Republic of China (including islands like Hainan or Chongming), excluding dependent territories of the PRC, and other territories within Greater China. ...
, and the Ming loyalist
Kingdom of Tungning The Kingdom of Tungning (), also known as Tywan by the British at the time, was a dynastic maritime state that ruled part of southwestern Taiwan and the Penghu islands between 1661 and 1683. It is the first predominantly Han Chinese state in Ta ...
on Taiwan.


Republic of Ireland

Ireland Ireland ( ; ga, Éire ; Ulster Scots dialect, Ulster-Scots: ) is an island in the Atlantic Ocean, North Atlantic Ocean, in Northwestern Europe, north-western Europe. It is separated from Great Britain to its east by the North Channel (Grea ...
, then called the
Irish Free State The Irish Free State ( ga, Saorstát Éireann, , ; 6 December 192229 December 1937) was a state established in December 1922 under the Anglo-Irish Treaty of December 1921. The treaty ended the three-year Irish War of Independence between th ...
, seceded from the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
under the
Anglo-Irish Treaty The 1921 Anglo-Irish Treaty ( ga , An Conradh Angla-Éireannach), commonly known in Ireland as The Treaty and officially the Articles of Agreement for a Treaty Between Great Britain and Ireland, was an agreement between the government of the ...
of 1922. The new state took the view that when a new state comes into being after formerly being part of an older state, its acceptance of treaty relationships established by the older state is a matter for the new state to determine by express declaration, or by conduct in the case of each individual treaty. In practice, however, the Irish regarded the commercial and administrative treaties of the
United Kingdom of Great Britain and Ireland The United Kingdom of Great Britain and Ireland was a sovereign state in the British Isles that existed between 1801 and 1922, when it included all of Ireland. It was established by the Acts of Union 1800, which merged the Kingdom of Great B ...
previously applying to the territory of the Irish Free State as remaining in force.


Israel

Israel took the view that, by virtue of its declaration of independence in 1948, a new international personality from
Mandatory Palestine Mandatory Palestine ( ar, فلسطين الانتدابية '; he, פָּלֶשְׂתִּינָה (א״י) ', where "E.Y." indicates ''’Eretz Yiśrā’ēl'', the Land of Israel) was a geopolitical entity established between 1920 and 1948 ...
was created, and that it started with a clean slate, and was bound only by such of the former international obligations affecting the territory as Israel might accept.


Kampuchea/Cambodia

When
Democratic Kampuchea Kampuchea ( km, កម្ពុជា ), officially known as Democratic Kampuchea (DK; km, កម្ពុជាប្រជាធិបតេយ្យ ) from 5 January 1976, was a one-party totalitarian state which encompassed modern-day Camb ...
led by
Pol Pot Pol Pot; (born Saloth Sâr;; 19 May 1925 – 15 April 1998) was a Cambodian revolutionary, dictator, and politician who ruled Cambodia as Prime Minister of Democratic Kampuchea between 1976 and 1979. Ideologically a Marxist–Leninist a ...
was militarily displaced by the
Vietnam Vietnam or Viet Nam ( vi, Việt Nam, ), officially the Socialist Republic of Vietnam,., group="n" is a country in Southeast Asia, at the eastern edge of mainland Southeast Asia, with an area of and population of 96 million, making i ...
ese-backed
People's Republic of Kampuchea The People's Republic of Kampuchea (PRK), UNGEGN: , ALA-LC: ; vi, Cộng hòa Nhân dân Campuchia was a partially recognised state in Southeast Asia supported by Vietnam which existed from 1979 to 1989. It was founded in Cambodia by the Kamp ...
, the country's
United Nations The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and international security, security, develop friendly relations among nations, achieve international cooperation, and be ...
seat was held by Democratic Kampuchea for many years. It is now held by the
Kingdom of Cambodia Cambodia (; also Kampuchea ; km, កម្ពុជា, UNGEGN: ), officially the Kingdom of Cambodia, is a country located in the southern portion of the Indochinese Peninsula in Southeast Asia, spanning an area of , bordered by Thailand t ...
.


Korea

In 1919, when the
Provisional Government of the Republic of Korea The Korean Provisional Government (KPG), formally the Provisional Government of the Republic of Korea, was a partially recognized Korean government-in-exile based in Shanghai, China, and later in Chongqing, during the period of Japanese c ...
was formed it claimed continuity directly from their pre-1910 status. In 1948 when the modern
Republic of Korea South Korea, officially the Republic of Korea (ROK), is a country in East Asia, constituting the southern part of the Korean Peninsula and sharing a land border with North Korea. Its western border is formed by the Yellow Sea, while its east ...
was formed it claimed that it was identical with
Provisional Government of the Republic of Korea The Korean Provisional Government (KPG), formally the Provisional Government of the Republic of Korea, was a partially recognized Korean government-in-exile based in Shanghai, China, and later in Chongqing, during the period of Japanese c ...
and that the Provisional Government succeeded the
Korean Empire The Korean Empire () was a Korean monarchical state proclaimed in October 1897 by Emperor Gojong of the Joseon dynasty. The empire stood until Japan's annexation of Korea in August 1910. During the Korean Empire, Emperor Gojong oversaw the Gwa ...
. An important tenet of the modern state of 
Republic of Korea South Korea, officially the Republic of Korea (ROK), is a country in East Asia, constituting the southern part of the Korean Peninsula and sharing a land border with North Korea. Its western border is formed by the Yellow Sea, while its east ...
is that the Korean Empire's incorporation into the Empire of Japan from 1910 to 1945 is internationally recognized as an illegal occupation. South Korea resumed membership to international organizations such as the
Universal Postal Union The Universal Postal Union (UPU, french: link=no, Union postale universelle), established by the Treaty of Bern of 1874, is a specialized agency of the United Nations (UN) that coordinates postal policies among member nations, in addition to t ...
and re-affirmed that pre-1910 treaties were still in force.


Ottoman Empire/Turkey

There is some debate over whether the modern
Republic of Turkey Turkey ( tr, Türkiye ), officially the Republic of Türkiye ( tr, Türkiye Cumhuriyeti, links=no ), is a list of transcontinental countries, transcontinental country located mainly on the Anatolia, Anatolian Peninsula in Western Asia, with ...
is a continuing state to the
Ottoman Empire The Ottoman Empire, * ; is an archaic version. The definite article forms and were synonymous * and el, Оθωμανική Αυτοκρατορία, Othōmanikē Avtokratoria, label=none * info page on book at Martin Luther University) ...
or a successor. The two entities fought on opposing sides in the
Turkish War of Independence The Turkish War of Independence "War of Liberation", also known figuratively as ''İstiklâl Harbi'' "Independence War" or ''Millî Mücadele'' "National Struggle" (19 May 1919 – 24 July 1923) was a series of military campaigns waged by th ...
(1919–23), and even briefly co-existed as separate administrative units (whilst at war with one another): Turkey with its capital in Angora (now
Ankara Ankara ( , ; ), historically known as Ancyra and Angora, is the capital of Turkey. Located in the central part of Anatolia, the city has a population of 5.1 million in its urban center and over 5.7 million in Ankara Province, maki ...
) and the Ottoman Empire from
Constantinople la, Constantinopolis ota, قسطنطينيه , alternate_name = Byzantion (earlier Greek name), Nova Roma ("New Rome"), Miklagard/Miklagarth (Old Norse), Tsargrad ( Slavic), Qustantiniya (Arabic), Basileuousa ("Queen of Cities"), Megalopolis (" ...
(now
Istanbul Istanbul ( , ; tr, İstanbul ), formerly known as Constantinople ( grc-gre, Κωνσταντινούπολις; la, Constantinopolis), is the List of largest cities and towns in Turkey, largest city in Turkey, serving as the country's economic, ...
), but this type of scenario is also common in
civil war A civil war or intrastate war is a war between organized groups within the same state (or country). The aim of one side may be to take control of the country or a region, to achieve independence for a region, or to change government policies ...
s. The
Turkish National Movement The Turkish National Movement ( tr, Türk Ulusal Hareketi) encompasses the political and military activities of the Turkish revolutionaries that resulted in the creation and shaping of the modern Republic of Turkey, as a consequence of the defe ...
, led by
Mustafa Kemal Mustafa ( ar, مصطفى , Muṣṭafā) is one of the names of Prophet Muhammad, and the name means "chosen, selected, appointed, preferred", used as an Arabic given name and surname. Mustafa is a common name in the Muslim world. Given name ...
who defected from the
Ottoman Army The military of the Ottoman Empire ( tr, Osmanlı İmparatorluğu'nun silahlı kuvvetleri) was the armed forces of the Ottoman Empire. Army The military of the Ottoman Empire can be divided in five main periods. The foundation era covers the ...
, established the modern republic as a nation-state (or new government regime) by defeating the opposing elements in the
Turkish War of Independence The Turkish War of Independence "War of Liberation", also known figuratively as ''İstiklâl Harbi'' "Independence War" or ''Millî Mücadele'' "National Struggle" (19 May 1919 – 24 July 1923) was a series of military campaigns waged by th ...
. There remains debate about whether the conflict was a war of independence, or a civil war that led to a regime change. The question of state succession is relevant to the issue of Armenian genocide reparations.


Pakistan

When Pakistan became independent it claimed that it was automatically a member of the
United Nations The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and international security, security, develop friendly relations among nations, achieve international cooperation, and be ...
, as
British India The provinces of India, earlier presidencies of British India and still earlier, presidency towns, were the administrative divisions of British governance on the Indian subcontinent. Collectively, they have been called British India. In one ...
had been a
founding member of the United Nations The United Nations member states are the sovereign states that are members of the United Nations (UN) and have equal representation in the UN General Assembly. The UN is the world's largest intergovernmental organization. The criteria ...
despite its colonial status. The
United Nations Secretariat The United Nations Secretariat (french: link=no, Secrétariat des Nations unies) is one of the six principal organs of the United Nations (UN), The secretariat is the UN's executive arm. The secretariat has an important role in setting the a ...
however expressed the following opinion:


Soviet Union

International convention since the end of the
Cold War The Cold War is a term commonly used to refer to a period of geopolitical tension between the United States and the Soviet Union and their respective allies, the Western Bloc and the Eastern Bloc. The term '' cold war'' is used because the ...
has come to distinguish two distinct circumstances where such privileges are sought by such a successor state, in only the first of which may such successor states assume the name or privileged international position of their predecessor. The first set of circumstances arose at the
dissolution Dissolution may refer to: Arts and entertainment Books * ''Dissolution'' (''Forgotten Realms'' novel), a 2002 fantasy novel by Richard Lee Byers * ''Dissolution'' (Sansom novel), a 2003 historical novel by C. J. Sansom Music * Dissolution, in mu ...
of the
Union of Soviet Socialist Republics The Soviet Union,. officially the Union of Soviet Socialist Republics. (USSR),. was a List of former transcontinental countries#Since 1700, transcontinental country that spanned much of Eurasia from 1922 to 1991. A flagship communist state, ...
(USSR) in 1991. One of the constituent republics of the USSR, the
Russian Federation Russia (, , ), or the Russian Federation, is a List of transcontinental countries, transcontinental country spanning Eastern Europe and North Asia, Northern Asia. It is the List of countries and dependencies by area, largest country in the ...
has declared itself to be "the continuator state of the USSR" on the grounds that it contained 51% of the population of the USSR and 77% of its territory. Consequently,
Russia Russia (, , ), or the Russian Federation, is a List of transcontinental countries, transcontinental country spanning Eastern Europe and North Asia, Northern Asia. It is the List of countries and dependencies by area, largest country in the ...
agreed that it would acquire the USSR's seat as a permanent member of the
United Nations Security Council The United Nations Security Council (UNSC) is one of the Organs of the United Nations, six principal organs of the United Nations (UN) and is charged with ensuring international security, international peace and security, recommending the admi ...
. This was also accepted by the rest of the former states of the USSR; in a letter dated 24 December 1991, the Russian President
Boris Yeltsin Boris Nikolayevich Yeltsin ( rus, Борис Николаевич Ельцин, p=bɐˈrʲis nʲɪkɐˈla(j)ɪvʲɪtɕ ˈjelʲtsɨn, a=Ru-Boris Nikolayevich Yeltsin.ogg; 1 February 1931 – 23 April 2007) was a Soviet and Russian politician wh ...
informed the Secretary-General that the membership of the USSR in the Security Council and all other United Nations organs was being continued by the Russian Federation with the support of the nine member countries of the
Commonwealth of Independent States The Commonwealth of Independent States (CIS) is a regional intergovernmental organization in Eurasia. It was formed following the dissolution of the Soviet Union in 1991. It covers an area of and has an estimated population of 239,796,010. ...
. All Soviet embassies became Russian embassies.
Ukraine Ukraine ( uk, Україна, Ukraïna, ) is a country in Eastern Europe. It is the second-largest European country after Russia, which it borders to the east and northeast. Ukraine covers approximately . Prior to the ongoing Russian inv ...
, the successor state of the
Ukrainian Soviet Socialist Republic The Ukrainian Soviet Socialist Republic ( uk, Украї́нська Радя́нська Соціалісти́чна Респу́бліка, ; russian: Украи́нская Сове́тская Социалисти́ческая Респ ...
(legally) being one of the founding members of the Soviet Union, has not recognized the exclusive Russian claims to succession of the Soviet Union and claimed such status for
Ukraine Ukraine ( uk, Україна, Ukraïna, ) is a country in Eastern Europe. It is the second-largest European country after Russia, which it borders to the east and northeast. Ukraine covers approximately . Prior to the ongoing Russian inv ...
as well, which was stated in Articles 7 and 8 of Law on the Succession of Ukraine issued in 1991. After independence, Ukraine has continued to pursue claims against the Russian Federation in foreign courts, seeking to recover its share of the foreign property that was formerly owned by the Soviet Union. A special case for the
Baltic states The Baltic states, et, Balti riigid or the Baltic countries is a geopolitical term, which currently is used to group three countries: Estonia, Latvia, and Lithuania. All three countries are members of NATO, the European Union, the Eurozone, ...
had existed. An important tenet of the modern states of
Estonia Estonia, formally the Republic of Estonia, is a country by the Baltic Sea in Northern Europe. It is bordered to the north by the Gulf of Finland across from Finland, to the west by the sea across from Sweden, to the south by Latvia, a ...
,
Latvia Latvia ( or ; lv, Latvija ; ltg, Latveja; liv, Leţmō), officially the Republic of Latvia ( lv, Latvijas Republika, links=no, ltg, Latvejas Republika, links=no, liv, Leţmō Vabāmō, links=no), is a country in the Baltic region of ...
and
Lithuania Lithuania (; lt, Lietuva ), officially the Republic of Lithuania ( lt, Lietuvos Respublika, links=no ), is a country in the Baltic region of Europe. It is one of three Baltic states and lies on the eastern shore of the Baltic Sea. Lithuania ...
is that their incorporation into the Soviet Union from 1940 to 1991 constituted an illegal occupation. In 1991 when each Baltic state regained their independence they claimed continuity directly from their pre-1940 status. Many other states share this view, and as such, these states were not considered either predecessor or successor states of the Soviet Union. As a consequence, the Baltic states were able to simply re-establish diplomatic relations with countries, re-affirm pre-1940 treaties still in force, and resume membership to international organizations. A similar situation applies to the Caucasus countries of
Armenia Armenia (), , group=pron officially the Republic of Armenia,, is a landlocked country in the Armenian Highlands of Western Asia.The UNbr>classification of world regions places Armenia in Western Asia; the CIA World Factbook , , and ''Ox ...
,
Azerbaijan Azerbaijan (, ; az, Azərbaycan ), officially the Republic of Azerbaijan, , also sometimes officially called the Azerbaijan Republic is a transcontinental country located at the boundary of Eastern Europe and Western Asia. It is a part of th ...
and
Georgia Georgia most commonly refers to: * Georgia (country), a country in the Caucasus region of Eurasia * Georgia (U.S. state), a state in the Southeast United States Georgia may also refer to: Places Historical states and entities * Related to the ...
, which claimed continuity of the pre-1921 republics before being conquered by the
Red Army The Workers' and Peasants' Red Army (Russian: Рабо́че-крестья́нская Кра́сная армия),) often shortened to the Red Army, was the army and air force of the Russian Soviet Federative Socialist Republic and, after ...
.


Yugoslavia

After four of the six constituent republics of the
Socialist Federal Republic of Yugoslavia The Socialist Federal Republic of Yugoslavia, commonly referred to as SFR Yugoslavia or simply as Yugoslavia, was a country in Central and Southeast Europe. It emerged in 1945, following World War II, and lasted until 1992, with the breakup of Yug ...
seceded Secession is the withdrawal of a group from a larger entity, especially a political entity, but also from any organization, union or military alliance. Some of the most famous and significant secessions have been: the former Soviet republics lea ...
in 1991 and 1992, the
rump state A rump state is the remnant of a once much larger state, left with a reduced territory in the wake of secession, annexation, occupation, decolonization, or a successful coup d'état or revolution on part of its former territory. In the last case, ...
, renamed the
Federal Republic of Yugoslavia Serbia and Montenegro ( sr, Cрбија и Црна Гора, translit=Srbija i Crna Gora) was a country in Southeast Europe located in the Balkans that existed from 1992 to 2006, following the breakup of the Socialist Federal Republic of Yu ...
, stated it was the continuation of the
Socialist Federal Republic of Yugoslavia The Socialist Federal Republic of Yugoslavia, commonly referred to as SFR Yugoslavia or simply as Yugoslavia, was a country in Central and Southeast Europe. It emerged in 1945, following World War II, and lasted until 1992, with the breakup of Yug ...
—against the objections of the newly independent republics. Representatives from
Belgrade Belgrade ( , ;, ; Names of European cities in different languages: B, names in other languages) is the Capital city, capital and List of cities in Serbia, largest city in Serbia. It is located at the confluence of the Sava and Danube rivers a ...
continued to hold the original Yugoslavian UN seat—however, the United States refused to recognize it. The remaining territory of the federation was less than half of the population and territory of the former federation. In 1992 the
Security Council The United Nations Security Council (UNSC) is one of the six principal organs of the United Nations (UN) and is charged with ensuring international peace and security, recommending the admission of new UN members to the General Assembly, and ...
on 19 September ( Resolution 777) and the
General Assembly A general assembly or general meeting is a meeting of all the members of an organization or shareholders of a company. Specific examples of general assembly include: Churches * General Assembly (presbyterian church), the highest court of presby ...
on 22 September, decided to refuse to allow the new federation to sit in the General Assembly under the name of "Yugoslavia" on the theory that the Socialist Federal Republic of Yugoslavia had dissolved. The Federal Republic of Yugoslavia (later renamed
Serbia and Montenegro Serbia and Montenegro ( sr, Cрбија и Црна Гора, translit=Srbija i Crna Gora) was a country in Southeast Europe located in the Balkans that existed from 1992 to 2006, following the breakup of the Socialist Federal Republic of Yu ...
) was admitted as a new member to the United Nations on 1 November 2000; in May 2006,
Montenegro ) , image_map = Europe-Montenegro.svg , map_caption = , image_map2 = , capital = Podgorica , coordinates = , largest_city = capital , official_languages = M ...
declared independence and
Serbia Serbia (, ; Serbian language, Serbian: , , ), officially the Republic of Serbia (Serbian language, Serbian: , , ), is a landlocked country in Southeast Europe, Southeastern and Central Europe, situated at the crossroads of the Pannonian Bas ...
continued to hold the federation's seat. Additionally,
Kosovo Kosovo ( sq, Kosova or ; sr-Cyrl, Косово ), officially the Republic of Kosovo ( sq, Republika e Kosovës, links=no; sr, Република Косово, Republika Kosovo, links=no), is a partially recognised state in Southeast Euro ...
declared independence in February 2008.


The Agreement on Succession Issues

The first negotiations on succession issues of the former Socialist Yugoslavia had begun in 1992 within the framework of the ''Working Group on Succession Issues'' of the Peace Conference on Yugoslavia. The agreement was initially prevented by the insistence of the Federal Republic of Yugoslavia that it is exclusive legal and political continuator of the Socialist Yugoslavia as well as the owner of all state property owned by the earlier socialist federal government, and was willing to renounce a part of it only as an act of goodwill. Federal Republic of Yugoslavia interpreted breakup of Yugoslavia as a process of serial secessions and not as a complete dismemberment of the earlier state, interpretation rejected by other former Yugoslav republics.
Badinter Arbitration Committee The Arbitration Commission of the Conference on Yugoslavia (commonly known as Badinter Arbitration Committee) was an arbitration body set up by the Council of Ministers of the European Economic Community (EEC) on 27 August 1991 to provide the confer ...
recommended a division of assets and liabilities based on principle of
equity Equity may refer to: Finance, accounting and ownership * Equity (finance), ownership of assets that have liabilities attached to them ** Stock, equity based on original contributions of cash or other value to a business ** Home equity, the dif ...
and even referred to the 1983 ''Vienna Convention on Succession of States in Respect of State Property, Archives and Debt'' (convention not in force which at the time was signed by only six states, including SRF Yugoslavia). This proposal was unacceptable to the Federal Republic of Yugoslavia which therefore motivated the
International Monetary Fund The International Monetary Fund (IMF) is a major financial agency of the United Nations, and an international financial institution, headquartered in Washington, D.C., consisting of 190 countries. Its stated mission is "working to foster globa ...
to develop alternative key model which included economic power of republics and their contribution to the federal budget which was accepted by all. The key determined participation of Federal Republic of Yugoslavia with 36.52%, Croatia with 28.49%, Slovenia 16.39%, Bosnia and Herzegovina with 13.20% and Macedonia with 5.20%. Agreement was also reached on gold and other reserves at the
Bank for International Settlements The Bank for International Settlements (BIS) is an international financial institution owned by central banks that "fosters international monetary and financial cooperation and serves as a bank for central banks". The BIS carries out its work thr ...
but the final conclusion was postponed by the beginning of the
Kosovo War The Kosovo War was an armed conflict in Kosovo that started 28 February 1998 and lasted until 11 June 1999. It was fought by the forces of the Federal Republic of Yugoslavia (i.e. Serbia and Montenegro), which controlled Kosovo before the war ...
. After the end of the
NATO bombing of Yugoslavia The North Atlantic Treaty Organization (NATO) carried out an aerial bombing campaign against the Federal Republic of Yugoslavia during the Kosovo War. The air strikes lasted from 24 March 1999 to 10 June 1999. The bombings continued until an a ...
followed next year by the
overthrow of Slobodan Milošević The overthrow of Slobodan Milošević in Belgrade, Yugoslavia, began after the presidential election on 24 September and culminated in the downfall of Slobodan Milošević's government on 5 October 2000. It is sometimes referred to as the 5 Oct ...
successor states concluded their agreement. In 2001, with the support of the international community, five countries (
Slovenia Slovenia ( ; sl, Slovenija ), officially the Republic of Slovenia (Slovene: , abbr.: ''RS''), is a country in Central Europe. It is bordered by Italy to the west, Austria to the north, Hungary to the northeast, Croatia to the southeast, an ...
,
Croatia , image_flag = Flag of Croatia.svg , image_coat = Coat of arms of Croatia.svg , anthem = "Lijepa naša domovino"("Our Beautiful Homeland") , image_map = , map_caption = , capit ...
,
Bosnia and Herzegovina Bosnia and Herzegovina ( sh, / , ), abbreviated BiH () or B&H, sometimes called Bosnia–Herzegovina and often known informally as Bosnia, is a country at the crossroads of south and southeast Europe, located in the Balkans. Bosnia and H ...
, The Former Yugoslav Republic of Macedonia – today
North Macedonia North Macedonia, ; sq, Maqedonia e Veriut, (Macedonia before February 2019), officially the Republic of North Macedonia,, is a country in Southeast Europe. It gained independence in 1991 as one of the successor states of Socialist Feder ...
— and the
Federal Republic of Yugoslavia Serbia and Montenegro ( sr, Cрбија и Црна Гора, translit=Srbija i Crna Gora) was a country in Southeast Europe located in the Balkans that existed from 1992 to 2006, following the breakup of the Socialist Federal Republic of Yu ...
– today
Serbia Serbia (, ; Serbian language, Serbian: , , ), officially the Republic of Serbia (Serbian language, Serbian: , , ), is a landlocked country in Southeast Europe, Southeastern and Central Europe, situated at the crossroads of the Pannonian Bas ...
and
Montenegro ) , image_map = Europe-Montenegro.svg , map_caption = , image_map2 = , capital = Podgorica , coordinates = , largest_city = capital , official_languages = M ...
) signed the ''Agreement on Succession Issues'' which conclusively confirmed that five sovereign equal successor states were formed upon the dissolution of the former SFR Yugoslavia. It entered into force on 2 June 2004 when the last successor state ratified it. The agreement was signed as an umbrella agreement which included annexes on diplomatic and consular properties, financial assets and liabilities, archives, pensions, other rights, interests and liabilities as well as private properties and acquired rights. At the subsequent dissolution of the state union of
Serbia and Montenegro Serbia and Montenegro ( sr, Cрбија и Црна Гора, translit=Srbija i Crna Gora) was a country in Southeast Europe located in the Balkans that existed from 1992 to 2006, following the breakup of the Socialist Federal Republic of Yu ...
(one of the five successor states) two countries agreed on Serbian sole succession of rights and obligations of their federation.


Examples

*
Serbia Serbia (, ; Serbian language, Serbian: , , ), officially the Republic of Serbia (Serbian language, Serbian: , , ), is a landlocked country in Southeast Europe, Southeastern and Central Europe, situated at the crossroads of the Pannonian Bas ...
, successor state to the
Federal Republic of Yugoslavia Serbia and Montenegro ( sr, Cрбија и Црна Гора, translit=Srbija i Crna Gora) was a country in Southeast Europe located in the Balkans that existed from 1992 to 2006, following the breakup of the Socialist Federal Republic of Yu ...
(earlier claim to
SFR Yugoslavia The Socialist Federal Republic of Yugoslavia, commonly referred to as SFR Yugoslavia or simply as Yugoslavia, was a country in Central and Southeast Europe. It emerged in 1945, following World War II, and lasted until 1992, with the breakup of Yug ...
succession dropped in 2000) * The
Islamic Republic of Iran Iran, officially the Islamic Republic of Iran, and also called Persia, is a country located in Western Asia. It is bordered by Iraq and Turkey to the west, by Azerbaijan and Armenia to the northwest, by the Caspian Sea and Turkmeni ...
, successor state to the
Imperial State of Iran Imperial is that which relates to an empire, emperor, or imperialism. Imperial or The Imperial may also refer to: Places United States * Imperial, California * Imperial, Missouri * Imperial, Nebraska * Imperial, Pennsylvania * Imperial, Texas ...
* The
Republic of Indonesia Indonesia, officially the Republic of Indonesia, is a country in Southeast Asia and Oceania between the Indian and Pacific oceans. It consists of over 17,000 islands, including Sumatra, Java, Sulawesi, and parts of Borneo and New Guinea. Ind ...
, the current successor state of the
Dutch East Indies The Dutch East Indies, also known as the Netherlands East Indies ( nl, Nederlands(ch)-Indië; ), was a Dutch colony consisting of what is now Indonesia. It was formed from the nationalised trading posts of the Dutch East India Company, which ...
*
Sudan Sudan ( or ; ar, السودان, as-Sūdān, officially the Republic of the Sudan ( ar, جمهورية السودان, link=no, Jumhūriyyat as-Sūdān), is a country in Northeast Africa. It shares borders with the Central African Republic t ...
, the reduced state after the creation of
South Sudan South Sudan (; din, Paguot Thudän), officially the Republic of South Sudan ( din, Paankɔc Cuëny Thudän), is a landlocked country in East Africa. It is bordered by Ethiopia, Sudan, Central African Republic, Democratic Republic of the C ...
. * Predecessors of sovereign states in Africa * Predecessors of sovereign states in Asia * Predecessors of sovereign states in North America *
Predecessors of sovereign states in South America This is a list of all present sovereign states in South America and their predecessors. The division between North and South America is unclear, generally viewed as lying somewhere in the Isthmus of Panama, however, the whole of Panama is conside ...
*
Predecessors of sovereign states in Europe This is a list of all present sovereign states in Europe and their predecessors, according to the concept of succession of states. The political borders of Europe are difficult to define. The geographical borders between Europe and Asia are gen ...
* Predecessors of sovereign states in Oceania


See also

*
Comparative history Comparative history is the comparison of different societies which existed during the same time period or shared similar cultural conditions. The comparative history of societies emerged as an important specialty among intellectuals in the Enlight ...
*
International law International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...
* ''
Translatio imperii ''Translatio imperii'' (Latin for "transfer of rule") is a historiographical concept that originated from the Middle Ages, in which history is viewed as a linear succession of transfers of an ''imperium'' that invests supreme power in a singular r ...
'' *
Universal history A universal history is a work aiming at the presentation of a history of all of mankind as a whole, coherent unit. A universal chronicle or world chronicle typically traces history from the beginning of written information about the past up to t ...
* Vienna Convention on Succession of States in respect of Treaties *
State continuity of the Baltic states The three Baltic countries, or the Baltic states – Estonia, Latvia, and Lithuania – are held to have continued as legal entities under international law Ziemele (2005). p118. while under the Soviet occupation from 1940 to 1991, as well as dur ...
*
Timeline of historical geopolitical changes Timeline of geopolitical changes may refer to: * Timeline of geopolitical changes (before 1900) * Timeline of geopolitical changes (1900–1999) * Timeline of geopolitical changes (2000–present) * List of national border changes from 1815 to 1914 ...
*
Peaceful transition of power A peaceful transition or transfer of power is a concept important to democratic governments in which the leadership of a government peacefully hands over control of government to a newly-elected leadership. This may be after elections or during t ...
*
Odious debt In international law, odious debt, also known as illegitimate debt, is a legal theory that says that the national debt incurred by a despotic regime should not be enforceable. Such debts are, thus, considered by this doctrine to be personal debts ...
*
Rump state A rump state is the remnant of a once much larger state, left with a reduced territory in the wake of secession, annexation, occupation, decolonization, or a successful coup d'état or revolution on part of its former territory. In the last case, ...


References


Bibliography

*Burgenthal/Doehring/Kokott: ''Grundzüge des Völkerrechts'', 2. Auflage, Heidelberg 2000


External links


European Journal of International Law – State Succession in Respect of Human Rights Treaties
* Wilfried Fiedler
''Der Zeitfaktor im Recht der Staatensukzession''
in: Staat und Recht. Festschrift für Günther Winkler, Wien, 1997. P. 217–236. * Wilfried Fiedler

in: B. Ziemske u.a. (Hrsg.), Festschrift für Martin Kriele, München 1997. P. 1371–1391
Draft Articles on Nationality of Natural Persons in relation to the Succession of States with commentaries (1999)
* - Published online on 5 August 2011 {{DEFAULTSORT:Succession Of States Historiography International law