Succession of states in respect of state responsibility: towards yet another Vienna Convention?

Abstract

The present work analyses the historical evolution of the rules on succession of states as well as provides a review of case law where the Court referred to the concept of state succession to international responsibility, expressly or by implication. The author analyses the wording of the proposed Draft Articles and attempts to establish whether and how the principles of automatic succession and non-succession apply in different circumstances, based on the newly developed provisions. The purpose of the study is to identify the advantages and disadvantages of the proposed Articles as well as discuss whether there is a need for such rules at all, or are the existing legal rules enough.