Vienna Convention on Succession of States in respect of Treaties

The Vienna Convention on Succession of States in international treaties of 1978 is a 1996 entered into force international treaty, which contains rules about what, in the case of State succession should be done with existing international treaties.

Designation

Since German is not one of the languages ​​in which the Treaty officially exist, and there is also no official German translation, various designations find out the combinations of " Vienna Convention " / " Vienna Convention ", " on" / " on the "," State succession "/" state succession "," in international treaties "/" in contracts ". While "the Convention" oriented closer to the English title Vienna Convention on Succession of States in Respect of Treaties, are " succession of States " and " state succession " equivalent translations; due out in English in contrast to the Germans existing linguistic distinction between contracts and treaties finally hits " in international treaties " the unique sense of the word.

Importance and practical relevance

The right of succession of States is a controversial in many respects international law area. The Vienna Convention on the Law of Treaties explicitly left untouched questions that may arise in regard to a treaty from a succession of States (Art. 73 VCLT ). To date, the Vienna Convention on Succession of States in international treaties is the only came into force in codification to the rights of succession of States; not yet sufficiently Parties were found for the entry into force of the Vienna Convention on Succession of States in state assets, archives and debts.

The Treaty derogations were partially also codified the customary international law. For instance, the continuity of international contractual obligations of the principle; only recently independent, so decolonised States the "clean slate" to - or " tabula rasa " principle apply. The acceptance and practical relevance of the Treaty is therefore remained low; in many cases agree the affected states individual arrangements.

In 2011, only 37 States Parties, of which no state in Western Europe ( except the Holy See ), in North America, the Far East and Oceania. The German Democratic Republic was a party, the Federal Republic of Germany it is not.

Treaty text

The text of the treaty can be found in, among other things:

  • ILM, Vol 17 (1978 ), pp. 1488 et seq
  • AVR, Vol 18 (1979 ), pp. 226 to 244
  • ZaöRV, Vol 39 (1979 ), pp. 279-300 ( digitized, PDF, 3.0 MB).
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