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E-raamat: Decolonization of International Law: State Succession and the Law of Treaties [Oxford Scholarship Online e-raamatud]

(Professor of International Law, School of Oriental and African Studies, University of London)
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The issue of state succession continues to be a vital and complex focal point for public international lawyers, yet it has remained strangely resistant to effective articulation. The formative period in this respect was that of decolonization which marked for many the time when international law came of age and when the promises of the UN Charter would be realized in an international community of sovereign peoples. Throughout the 1990s a series of territorial adjustments placed succession once again at the centre of international legal practice, in new contexts that went beyond the traditional model of decolonization: the disintegration of the Soviet Union, Yugoslavia, and Czechoslovakia, and the unifications of Germany and Yemen brought to light the fundamentally unresolved character of issues within the law of succession.

Why have attempts to codify the practice of succession met with so little success? Why has succession remained so problematic a feature of international law? This book argues that the answers to these questions lie in the political backdrop of decolonization and self-determination, and that the tensions and ambiguities that run throughout the law of succession can only be understood by looking at the historical relationship between discourses on state succession, decolonization, and imperialism within the framework of international law.

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Winner of Winner of the Inaugural European Society of International Law Book Prize 2008.Winner of the Inaugural European Society of International Law Book Prize 2008
Table of Cases ix
Table of Treaties xiii
INTRODUCTION 1
I. CRITICAL DIAGNOSTICS 7
1. Introduction
7
2. The Themes of Succession
23
3. A Brief History
29
4. Succession, Identity, and Continuity
52
a) Three Notions of Territorial Sovereignty
61
b) Two Notions of Succession
64
c) Continuity and Succession
67
i) The Point of Differentiation
69
ii) From Status to Relations
75
5. Bedjaoui, O'Connell, and the 'End' of Succession
80
6. Conclusions
90
II. CODIFICATION AND DECOLONIZATION 1950-1974 93
1. The Move to Codification
94
2. Initial Steps: The International Law Commission Sub-committee
96
3. The International Law Association
105
4. A Change in Focus: The Waldock Reports
113
5. The Law of Treaties and Beyond
120
a) Devolution Agreements
122
b) Unilateral Declarations
128
6. New States
131
i) Treaties providing for Succession
132
ii) A Right of Participation
134
iii) The Legal Nexus
141
7. Semi-Sovereignty: Mandates, Trusteeships and Protectorates
147
8. Other Categories of Succession
155
a) Unions of States
157
b) The Dissolution of States
166
9. Dispositive Treaties
173
a) Boundary Treaties
176
b) Territorial Agreements
187
10. Final Moves: The Vienna Conference
194
11. Reception and Reflection
198
12. Conclusions
201
III. NEW BEGINNINGS, NEW ENDS 207
1. Introduction
207
2. Beyond Decolonization
213
3. The Perils of Formalism: Continuity, Personality, and Identity
216
4. Treaty Continuity and Automatic Succession
231
5. Functional Differentiation
244
6. Conclusions
256
CONCLUSIONS 259
Select Bibliography 268
Index 287


Matthew Craven is Professor of International Law, School of Oriental and African Studies, University of London