The Impact of State Succession on International Trade Treaties

Abstract

The issue of succession to international treaties, regardless of their nature, whether legislative or contractual, is one of the most controversial and contentious issues of international succession, and the positions and practices of states on it are contradictory, despite the signing of the Vienna Convention of 1978 on Succession to Treaties. This Convention indicated in its seventh article that it applies only in the event of a specific situation that results in succession after the treaty whose succession is being discussed has entered into force. This is a rule that is consistent with international custom and the law of treaties, as the treaty must be in force and binding on the predecessor state before considering its value for the successor state.

          On the other hand, as a general principle, it should be noted that third states cannot be affected by special agreements that may be concluded between two states regarding the succession of a particular treaty or treaties between a predecessor state and a successor state. This is the principle established by Article 8 of the Vienna Convention of 1978. The same applies to declarations issued unilaterally by a state that determine its position regarding the succession of a particular treaty or treaties. This unilateral declaration cannot affect the rights and obligations of third states, as the legal effects remain governed by the Vienna Convention on Succession of Treaties of 1978, as stipulated in Article 9 of this Convention.