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succession of states
Succession of states is a theory and practice in international relations regarding the recognition and acceptance of a newly created sovereign state by other states, based on a perceived historical relationship the new state has with a prior state. The theory has its root in 20th century diplomacy. The term succession in international law does not have its normal meaning in English, which would imply ''automatic'' inheritance by the new state of the rights and obligations of the prior state. On the contrary, a successor state is a totally new state. This is distinct from a continuing state, also known as a continuator, which despite change to its borders maintains the same legal personality and possess all its existing rights and obligations.
==Overview==
Succession may refer to the transfer of rights, obligations, and/or property from a previously well-established ''prior'' state (the predecessor state) to the new one (the successor state). Transfer of rights, obligations, and property can include overseas assets (embassies, monetary reserves, museum artifacts), participation in treaties, membership in international organizations, and debts. Often a state chooses piecemeal whether or not it wants to be considered the successor state. A special case arises, however, when the predecessor state was signatory to a human rights treaty, since it would be desirable to hold the successor state accountable to the terms of that treaty, regardless of the successor state's desires.
In an attempt to codify the rules of succession of states the Vienna Convention on Succession of States in respect of Treaties was drafted in 1978. It entered into force on November 6, 1996.〔() 〕
Legal difficulties can arise at the dissolution of a larger territory into a number of independent states, when there is political contention about the outcome. One successor state may seek either to continue to be recognized under the same federal name of that of its predecessor or to assume the privileged position in international organisations held by the preceding federation. Such a state is then claiming to be a continuator state, when other states regard it as a successor state. When states are divided into two or more states, the question arises whether there is or is not a "continuator state". In the case of the split of Bangladesh from Pakistan, there was no challenge to Pakistan's claim to continue to exist and to retain its membership of the United Nations: it was a continuator and not a successor. Bangladesh eventually was recognised as a new state: it was a successor and had to apply for UN membership. On the other hand, when Czechoslovakia was dissolved, neither part claimed any continuity: both the Czech Republic and Slovakia were new successor states.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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