Towards a new perception of succession of states in respect of multilateral treaties

Abstract

The author analyzes the very complex issue of succession of States in respect of human rights multilateral treaties by challenging the automatic succession rule. The analysis focuses on both theoretical perceptions of the automatic succession and its application in practice. In that regard, the article provides for a detailed analysis of not only the relevant jurisprudence of the International Court of Justice and its predecessor the Permanent Court of International Justice, but also the practice of States as regards the rule embodied in Article 34 of the Convention on Succession of States in Respect of Treaties. He devotes proper attention to events relating to the dissolution of the USSR, Czechoslovakia and the former Socialist Federal Republic of Yugoslavia. The article further examines the relationship between automatic succession and notification of succession since the two concepts seem to be mutually exclusive. However, it also questions the most important argument in favour of the automatic succession rule - the claim that its absence would undermine stability and certainty in the international community.