POLI 311 Lecture 10: POLI311 Study guide for Final exam
15 Sep 2018
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The subject of state succession is concerned with the transmition of rights or obligations from states which have altered or lost their identities to the states emerging from the changes. 3 ways it can happen: when one or more state come into being by the division of one former state. India - pakistan: when one state is absorbed by another state by annexation. 1938 austria annexed by germany: when several state decide to merge into one. Eg: the usa (13 states merged into one 1789) Concept of state succession is borrowed from civil law. In civil law a person acquires from its predecessor after his death. There are 4: treaty rights and obligations, any political treaty signed by the merged state is not bind to the absorbing state. Not inherited only if wish: treaties of commerce or extradition are not binding on the successor, a multi-lateral treaty/ convention is usually transmissible.
