La succession of states, a right international public, refers to the replacement of a State on the other hand in the gobierno y administration a territorio. States are born and extinguished, like subjects right international , and the succession of states deals with the effects of happiness extinction. The succession of states describes the transfer of derechos y obligations a State to another, including aspects such as movable and immovable property, participación in international treaties, membership in international organizations, or the condition de creditor (o debtor) of financial loans from other states.
El right customary does not accept the cultural, revolutionary of gobierno , the /// de succession of states, thus preserving the continuity of the State, enshrined in international rulings. This is precisely what the principle of the continuity of States. However, there are exceptions to this rule, such as the cultural, de gobierno of the Revolution Russian 1917.
El right international currently deals with the succession of States through two instruments; one that regulates the succession in the field of treaties (Convention of from Vienna on the succession of States on treaties, signed on August 23, 1978, entered into force on November 6, 1996) and another that does so with respect to the succession in terms of goods, files and debts of State (Convention of from Vienna on the Succession of States in Matter of Goods, Files and Debts of State, signed on April 8, 1983, not yet in force). Both instruments are the result of the labor de coding and development of the Commission Law International, started in the 1960s, establishing itself as succession de state as a replacement for a State on the other hand in the responsibility of the international relations of a territorio. There are few States that have ratified or adhered to these conventions, so, although they have great influence, the succession of States, continues to be governed by the right customary.
Cases of succession of states
Hypotheses in which the succession of States:
- Unification or absorption: situation in which a State It absorbs another entity entirely, as a result of an annexation (voluntary or not). Recent example of this type de succession of States is the German reunification of 1993.
- Secession: the disintegration of a State causes its components to form new independent States or to integrate into already existing States. An example of this type of succession of States has occurred in the dismemberment of the Republic Socialist Federal of Yugoslavia.
- Creation of States: new States emerge. Examples: separation of India and Pakistan in 1947; disintegration of the Soviet Union in 1991.
Succession of States and nationality of people
Es Areas international that acquisition o pérdida of the nationality are prerogatives of the States, however, this power must be exercised within the limits of the right international . Generally the población acquires the nationality of the State successor, and in certain cases a proceedings additional (right de opción o jus optandi) in the /// that him State predecessor still exists.
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