Succession of states

As a successor state (also Sukzessorstaat accordingly succession or state ) is called a state in the current language, which acquires the territory or part of a decaying or diminishing State or on its territory newly created. Since the fall of the "Iron Curtain" are mentioned in this context, for example, the successor republics of the Soviet Union, Yugoslavia and Czechoslovakia.

Universal succession in international law

In the strictest international legal parlance, a successor State shall designate a new subject of international law that competes according to the resolution of an existing legal successor for this extinct state. So are all agreements, rights and obligations that have applied to the previous state, now for the sequel. The Vienna Convention on the Law of State Succession in Treaties (1978 ) provides in Article 34 basically a universal succession of States for a downfall newly formed States, both in bilateral and in multilateral treaties.

Case Study Montenegro

So Serbia as the successor state of Serbia and Montenegro continued membership in the United Nations (UN ), while Montenegro has had to reapply as for other organizations after the referendum on independence of Montenegro to the UN. This so had determined by 2003, the Constitutional Charter of Serbia and Montenegro. Montenegro had as the state seceding forfeited all rights associated with the political and legal continuity and was not therefore as a successor state in the sense of international law.