4. Make the literary translation of the text. Succession in respect of treaties

The status of treaties concluded by the predecessor state is defined by two main principles of the international law of treaties; the territorial scope of treaties, and the relative effect of treaties. Succession to treaties is defined by these two principles, depending on the way the change of sovereignty over territory as occurred. First, in cases of annexation, cession, or fusion of states (in other words, when the successor state is not a new state), treaties concluded by the predecessor state will stay in force in the transferred territory. This is a consequence of the general principle of territorial application of treaties, as expressed by Article 29 of the 1969 Vienna Convention on the Law of Treaties: "unless a different intention appears from the treaty or is otherwise established, a treaty is binding upon each party in respect of its entire territory ". This territorial scope of treaties was confirmed by Article 15 of the 1978 Vienna Convention on Succession of States in Respect of Treaties and has been applied by both Yemen and Germany in 1990. In the second case, when the change of sovereignty over territory leads to the creation of new states, these latter are not automatically bound by the treaties of the predecessor state. States emerging from a process of desalinization, secession, or dissolution of state, are regarded as third parties towards the treaties of the predecessor state. This rule of non-transmissibility of treaties is based on the relative effect of treaties. In terms of Article 34 of the 1969 Vienna Convention on the Law of Treaties: "a treaty does not create either obligations or rights for a third state without its consent".

A treaty may provide rights and obligations for new independent state only if the latter accepts these rights and obligations. In this hypothesis, consent to be bound is expressed by notification of succession. Under Article 17(1) of the 1978 Vienna Convention on Succession of States in Respect of Treaties: "A newly independent State may by a notification of succession, establish its status as a party to any multilateral treaty which at the date of the succession of States was in force in respect of the territory to which the succession of States relates ". Some exceptions however exists to the general rule of non-transmissibility of treaties. For reasons of stability in territorial matters, treaties establishing international boundaries are to be respected. Boundary treaties cannot be challenged by a change of sovereignty. The respect of pre-existing boundaries in case of state succession is clearly stated by the 1978 Vienna Convention on Succession of States in Respect of Treaties and more generally, by the principle of uti possidetis. A second exception to the non-transmissibility of treaties concerns treaties codifying or creating a rule of international customary law, and treaties expressing a rule of jus cogens.

5. Complete the following passages using suitable forms of the words below.

A)

request situation gain

control admit suspend

cause deprive know

require lose speak

become outcome

A temporary anarchic ... during which a people formerly organized under a government ... all governmental ... through the eruption of civil war will not ... the state of that quality. So long as the anarchy is ... by the opposition of diverse groups seeking to ... control and ... the government of the state, the international community will merely ... inter­national relations, and await the ... (in the meantime making such tem­porary and provisional arrangements, especially of a humanitarian na­ture, as the circumstances may...). The state of Zaire, formerly... as the Congo, was ... to membership of the United Nations at a time when the government of Lumumba which had made the... . for admission had been overthrown, the country was in the midst of a bloody civil war, and no one was able any longer to … in the name of the government.

B)

rule devolve create

conclude include find

confront concern work

answer obligation

The legal problems … the government of a newly independent state concerning succession to treaties … not only the application of the … set out above, but also the question whether there are any rights or … which … upon a newly … state, but which would not devolve upon an already existing state.

The … to this problem, so far as treaties are … is now to be… in the Vienna Convention on the Succession in Respect of Treaties, … on 23 August 1978, being the most recent fruit of the … of the International Law Commission.

6. Answer the following questions.

1. What is meant by the term ‘continuity of the state’?

2. Do dynastic, territorial or constitutional changes interfere with the identity of the state?

3. What does the term ‘state succession’ imply?

4. What does state succession arise from?

5. What situations do the rules of state succession apply to (касаться, применяться)?

6. How does partial succession differ from total one?

7. What is meant under territorial rights and obligations?

8. Which treaties are not affected by state succession?