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Topic: Vienna Convention on Succession of States in respect of Treaties

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	Succession of states - Wikipedia, the free encyclopedia
		Succession of states is a theory in international politics regarding the acceptance by other states of a newly created state, based on a perceived historical relationship with a prior 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 states 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.
	en.wikipedia.org /wiki/Succession_of_states_theory (464 words)

	[No title]
		For the purpose of paragraph 1, unless a different intention appears from the treaty or is otherwise established, the signature by the predecessor State of a treaty is considered to express the intention that the treaty should extend to the entire territory for the international relations of which the predecessor State was responsible.
		A treaty considered as being in force under paragraph 1 applies in the relations between the newly independent State and the other State party from the date of the succession of States, unless a different intention appears from their agreement or is otherwise established.
		If the treaty is one falling within the category mentioned in article 17, paragraph 3, the successor State may establish its status as a party or as a contracting State to the treaty only with the consent of all the parties or of all the contracting States.
	fletcher.tufts.edu /multi/texts/Vienna.txt (3289 words)

	CATHOLIC ENCYCLOPEDIA: Prussia
		The beginnings of the state are connected with the bloody struggles and with the wonderful cultural and missionary labours by means of which the territories on the Baltic between the Elbe and Memel were wrested in the twelfth and thirteenth centuries from the Slavs and won for Germany and the Catholic Church.
		As a pretext for the war he took the treaties of succession of his forefathers with the rulers of several of the smaller Silesian duchies, made in 1537, for the nonfulfilment of which Austria seemingly was alone to blame.
		The State was furthermore consolidated by gaining the sympathetic support of the teachers and professors as an after effect of the patriotic movement in the War of Liberation and partly owing to its energy in the cause of education.
	www.newadvent.org /cathen/12519c.htm (15015 words)

	Vienna Convention on Succession of States in respect of Treaties (Site not responding. Last check: 2007-10-12)
		A succession of States does not as such affect: (a) a boundary established by a treaty; or (b) obligations and rights established by a treaty and relating to the regime of a boundary.
		A newly independent State is not bound to maintain in force, or to become a party to, any treaty by reason only of the fact that at the date of the succession of States the treaty was in force in respect of the territory to which the succession of States relates.
		The provisions of the present Convention shall not prejudge any question that may arise in regard to the effects of a succession of States in respect of a treaty from the international responsibility of a State or from the outbreak of hostilities between States.
	www.taiwandocuments.org /vienna02.htm (3694 words)

	Treaties
		Newly independent State may, by a notification of succession, establish its status as a party to any multilateral treaty which at the date of succession was in force in respect of the territory to which the succession of States relates
		The State is considered to be party to the treaty from the date of the succession of States or from the date of entry into force of the treaty, whichever is the later date
		Such treaty will apply only in respect of the part of the territory of the successor State in respect of which the treaty was in force at the date of the succession, unless
	www.scu.edu /law/FacWebPage/Toman/html/treaties.html (674 words)

	ipedia.com: Treaty Article (Site not responding. Last check: 2007-10-12)
		It is possible however for a bilateral treaty to have more than two parties; consider for instance the bilateral treaties between Switzerland and the EU following the Swiss rejection of the EEA agreement.
		The treaty establishes rights and obligations between the Swiss and the EC and the member states severally; it does not establish any rights and obligations amongst the EC and its member states.
		States are reluctant to inquire into the internal affairs and processes of other states, and so a “manifest” violation is required such that it would be “objectively evident to any State dealing with the matter." A strong presumption exists internationally that a head of state has acted within his proper authority.
	www.ipedia.com /treaty.html (2881 words)

	Palestinian Refugees and the Right of Return: An International Law Analysis (Site not responding. Last check: 2007-10-12)
		The law of state succession applies whenever one state (a predecessor state) is followed in the international administration of a geographical territory by another state (the successor state).
		In the case of Palestinian refugees, the predecessor state was the embryonic state of Palestine[15] for which, under international law, the British Mandate for Palestine constituted a “stand-in,” “custodian” or “guarantor,” and was succeeded, in part, by the state of Israel.
		The rule is that states are required to readmit (i.e., allow to exercise their right of return) their own nationals - including temporarily displaced persons in cases of state succession - because to refuse to do so would impose on some other state a resulting obligation to receive, or to host, the rejected individual.
	www.palestine-pmc.com /details.asp?cat=3&id=467 (6790 words)

	State Succession in Respect of Human Rights Treaties
		Within the wider area of State succession, the subject of State succession in respect of human rights treaties is of particular interest.
		From a scholarly point of view, the importance of the subject of State succession in respect of human rights treaties lies in the fact that there is an above average amount of State practice in this area.
		34(1), Vienna Convention on Succession of States in Respect of Treaties, adopted 22 August 1978, not yet in force, reproduced in 17 ILM (1978) 1488.
	www.ejil.org /journal/Vol7/No4/art1.html (818 words)

	State Succession in Respect of Human Rights Treaties
		The leading attempt to codify and progressively develop the international law concerning State succession in respect of treaties is the 1978 Vienna Convention on Succession of States in Respect of Treaties.
		It suggested that a territory which would become a State `in circumstances which are essentially of the same character as those existing in the case of the formation of a newly independent State' would also be treated as a newly independent State for the purposes of the Convention.
		What precisely these two States intended is obscure but the apparent reason why many delegations supported their amendment was that they did not wish to encourage secession.
	www.ejil.org /journal/Vol7/No4/art1-01.html (756 words)

	Vienna Convention on Succession of States in respect... - Wikipedia, the free encyclopedia
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	QUEEN OF ENGLAND ELIZABETH - LoveToKnow Article on QUEEN OF ENGLAND ELIZABETH (Site not responding. Last check: 2007-10-12)
		She respected the bishopsonly as supporters of her throne; and, although the well-knownletter beginning Proud Prelate is an 18th-century forgery, it is hardly a travesty of Elizabeths attitude.The outlines of her foreign policy are sketched elsewhere(see ENGLIsh HIsToRY), and her courtships were diplomatic.
		The fear of being imprisoned in a convent for the rest of her life was the determining cause of her irresistible outburst of energy.
		Elizabeth rightly regarded the treaty of Westminster (January 16, 1756, whereby Great Britain and Prussia agreed to unite their forces to oppose the entry into, or the passage through, Germany of the troops of every foreign power) as utterly subversive of the previous conventions between Great Britain and Russia.
	www.1911ency.org /E/EL/ELIZABETH_QUEEN_OF_ENGLAND.htm (3664 words)

	The Genocide against the Armenians 1915-1923 and the application of the 1948 Genocide Convention (Site not responding. Last check: 2007-10-12)
		This Treaty contained not only a commitment to try Turkish officials for war crimes committed by Ottoman Turkey against Allied nationals (3), but also for crimes committed by Turkish authorities against subjects of the Ottoman Empire of different ethnic origin, in particular the Armenians, crimes which today would be termed genocide or crimes against humanity.
		As to the general principle of non-retroactivity of treaties, however, it is important to note that this principle admits of many exceptions and, in any event, is not a peremptory norm of international law (67).
		Pursuant to article 31 of the Vienna Convention on the Law of Treaties, the principal rule of interpretation is “the ordinary meaning given to the terms of the treaty in their context and in the light of its object and purpose”.
	www.alfreddezayas.com /Law_history/armlegopi.shtml (9566 words)

	Summary and Evaluation of China, Korea & Japan to 1875 by Sanderson Beck
		Small feudal states were taken over by expanding kingdoms; then a few kingdoms struggled for power until the western state of Qin overcame the rest.
		A brief respite from these wars occurred when Heang Seu convened a meeting in 545 BC that was able to organize a league of states to keep the peace for a few years.
		As the Period of Warring States culminated in Qin's conquest of the other states, this Legalistic philosophy was applied in the first Chinese empire since legendary times in 221 BC.
	www.san.beck.org /3-13-Summary.html (16017 words)

	Hague Service of Process
		However, as a practical matter, the custom is for depositaries to expect a notice of succession to confirm that the new entity is performing its treaty obligations.
		Many newly independent states may not really be implementing such conventions at this time in that they may be performing the functions set forth in the Convention.
		On March 31, 1994, the Government of the United States declared that the Convention shall also be extended to the Commonwealth of the Northern Mariana Islands.
	www.usdoj.gov /marshals/process/hague_service.htm (564 words)

	Czech Legal
		CZECH REPUBLIC CENTRAL AUTHORITY: The Czech Central Authority for requests under the Hague Evidence Convention is the Ministerstvo Spravedlnosti Ceske Republicky, The ministry of Justice of the Czech Republic, 128 10 Praha 2, Vysehradska 16 Prague, Czech Republic.
		Under the Hague Evidence Convention, the requesting court in the United States transmits the model letter of request, and accompanying documents, in duplicate, directly to the foreign central authority.
		However, local authorities in the foreign country may impose fees of their own which must be paid by the state or federal authority in the United States requesting the judicial assistance.
	travel.state.gov /law/czech_legal.html (1878 words)

	Law of Treaties (Site not responding. Last check: 2007-10-12)
		Reservation of the United States with respect to the Montevideo Convention 26 December 1933
		Vienna Convention on Succession of States in Respect to Treaties 23 August 1978
		Vienna Convention on the Law of Treaties Between States and International Organisations or Between International Organisations 21 March 1986
	www.taiwandocuments.org /doc_law.htm (82 words)

	State practice and international law in relation to unilateral secession (Site not responding. Last check: 2007-10-12)
		State practice and international law in relation to unilateral secession
		Vienna Convention on Succession of States in Respect of Treaties
		Vienna Convention on Succession of States in Respect of State Property, Archives and Debts
	canada.justice.gc.ca /en/news/nr/1997/factum/craw.html (229 words)

	Hague Convention on Service Abroad
		The treaty also provides for service of process by a Central Authority (usually the Ministry of Justice) in the Convention countries pursuant to a request submitted on a form USM-94, available at the office of any United States Marshal.
		The text of the treaty is self-explanatory, but see the reservations and declarations each country made on accession to the treaty.
		A reference to the statutory authority to serve the document should appear prominently on the request, stating that "service is requested pursuant to Rule 4(c)2(A), U.S. Federal Rules of Civil Procedure" which authorizes any person who is not a party and is not less than 18 years of age to serve a summons and complaint.
	www.crnjapan.com /foreign_law/usa/en/hague_service.html (4668 words)

	Slovak Republic Judicial Assistance
		SLOVAK REPUBLIC CENTRAL AUTHORITY: The Slovak Central Authority for requests under the Hague Evidence Convention is the Ministerstvo spravodlivosti Slovenskej socialistickej republiky, The Ministry of Justice of the Slovak Socialist Republic, Zupne namestie 13, 813 11 Bratislava, Slovak Republic, fax: 00421-7-5316035.
		There is no consular fee for letters rogatory on behalf of federal, state or local government officials.
		Documents originating in the Slovak Republic intended for use in the United States must be authenticated before a U.S. consular officer in the Slovak Republic.
	travel.state.gov /law/slovak_legal.html (1867 words)

	The [True] ORDER OF SAINT CONSTANTINE THE GREAT - ROMAN EMPIRE to NEW BYZANTIUM
		The theory of the subjects of International Law recognizes a number of collective entities whose composition is independent of the nationality of its constituent members and whose objectives by virtue of their universal character transcend the territorial confines of one single State.
		International Law recognizes by means of the respective treaties the juridical personality of the United Nations and a long array of regional and international organizations.
		It was in 293 that Diocletian and Maximian appointed their own Caesars under their charge to bolster the administration of their respective jurisdictions.
	www.new-byzantium.org /orderof.html (5605 words)

	Documents
		Vienna Convention on Succession of States in Respect of Treaties (1978)
		Convention on the Elimination of All Forms of Discrimination Against Women
		Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation (Montreal Convention)
	teaching.law.cornell.edu /faculty/drwcasebook/documents.htm (793 words)

	Hague Convention on Service Abroad
		The Convention method should be employed in all countries party to it.
		Central Authority not declared when Convention entered into force Oct. 1, 1996.
		As noted above, the text of the Convention and updated information concerning countries which have acceded to the Convention can be found in the Martindale-Hubbell Law Directory, Law Digest Volume.
	www.csun.edu /~gf49501/bl428-s98/hague_service.html (3754 words)

	Carol Light's Page - Week 4 (Site not responding. Last check: 2007-10-12)
		Draft Convention on Rights and Duties of States
		Vienna Convention on the Law of Treaties Between States and International Organizations or between International Organizations
		A Listing of International Organizations on the Net
	www.his.com /~clight/week4.htm (50 words)

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