Discuss the different theories of State Succession and the rights and duties arising out of the State Succession.
State succession occurs when one state replaces another in responsibility for the international relations of a territory. Two principal theories explain its effects. Universal succession, the older theory, holds that the successor state automatically inherits all rights and obligations of the predecessor, including treaties, debts, and property, implying continuity despite sovereignty change. However, this theory is now largely obsolete. Clean slate succession, the modern approach, is especially relevant for decolonized states. It asserts that the successor is not automatically bound by the predecessor’s treaties or debts unless it consents, reflecting self-determination and rejection of inherited burdens.
Rights and duties arising from succession vary. Public property within the territory usually passes to the successor. Political treaties often lapse under the clean slate doctrine, while others may continue depending on agreement or principles like uti possidetis. State practice on debts is inconsistent, though “odious debts” are widely rejected. Nationality generally shifts to the successor state. Membership in international organizations, however, does not transfer automatically.
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