Strategic Studies Series (110): Peaceful Settlements Related to State Succession under International Law

Strategic Studies Series (110): Peaceful Settlements Related to State Succession under International Law

Strategic Studies Series (110): Peaceful Settlements Related to State Succession under International Law

State succession represents a complex phenomenon with significant implications for the stability of legal positions within the international community. The replacement of one state by another in assuming responsibility for the international relations of a given territory entails far-reaching legal changes and may give rise to disputes among the states concerned by the succession.

While international law has regulated certain issues and aspects arising from state succession through specific international conventions, most of these rules function as interpretative rules applied in the absence of agreement between the parties concerned. As a general principle, disputes related to state succession are settled on the basis of the will of the states involved, as expressed through agreements reached following negotiations among them.

This study addresses issues related to state succession by examining the elements and components of consensual settlement of disputes arising therefrom, with particular focus on the legal and practical foundations that necessitate such settlements, as well as the constraints imposed on state consent in resolving situations resulting from succession—especially those related to human rights and minority rights.