Collected Courses of the Hague Academy of International Law

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State Succession in Africa: Selected Problems (Volume 200)

(51,345 words)

Author(s): Makonnen, Yilma
Makonnen, Yilma Keywords: Africa | State succession | South West Africa | Mots clefs: Afrique | Succession d états | Sud-Ouest africain | ABSTRACT Yilma Makonnen, from the Office of the United Nations High Commissioner for Refugees in Geneva, builds his course on selected issues of State succession in Africa into three main chapters. The first concerns general problems of State succession, with particular emphasis on issues related to the definition, types of State succession and theories of State succession. The autho…

Aspects récents de la succession d’Etats (Volume 78)

(42,459 words)

Author(s): J. S. Castrén, Erik
J. S. Castrén, Erik Keywords: State succession | Mots clefs: Succession d états | ABSTRACT Erik Castren points out that legal succession occurs in large measure and in many different forms in the internal affairs of a State. The cases of real legal succession involving the States, which are the principal subjects of international law, on one hand, are rarer and appear in less varied forms, and on the other hand, are of a much larger order of magnitude. After presenting various fundamental issues, the author gi…

Problèmes récents de succession d’Etats dans les Etats nouveaux (Volume 130)

(46,169 words)

Author(s): Bedjaoui, Mohammed
Bedjaoui, Mohammed Keywords: Newly-independent states | State succession | Mots clefs: Etats nouveaux | Succession d états | ABSTRACT Mohammed Bedjaoui writes that decolonization adds complexity of the succession of States and to the perplexity of the people by a double contradictory contribution: on one hand a desired continuity, reassuring, but deceptively misleading, on the other hand, a desired break, impatient, but partially illusory. How do you interpret all the contrary signs? Can we say if, whether, how, a…

Recent Problems of State Succession in Relation to New States (Volume 130)

(39,532 words)

Author(s): P. O’Connell, D.
P. O’Connell, D. Keywords: Newly-independent states | State succession | Mots clefs: Etats nouveaux | Succession d états | ABSTRACT Daniel O'connel points out that the accession of many former colonial territories to independence has drawn the attention of jurists of international law to the problem of State succession. The author proposes in his course an in-depth and a systematic study of the problem, focuses first on the theory of State succession and the place of State succession in the theory of State, the met…

State Succession after Decolonization (Volume 116)

(42,865 words)

Author(s): Zemanek, Karl
Zemanek, Karl Keywords: State succession | Mots clefs: Succession d états | ABSTRACT Karl Zemanek supports his presentation of modern problems of State succession on the analysis of relevant contemporary international practice. He attempts to isolate the typical forms of behavior and to measure the behavior according to the principles of international law for studying their legal meaning, since not all behaviors are custom creators. The author successively examines the succession in fact, succession to treat…

Self-determination of Peoples and Plural-ethnic States Secession and State Succession and the Alternative, Federal Option (Volume 294)

(34,297 words)

Author(s): McWhinney, Edward
McWhinney, Edward Keywords: Right of self-determination | Secession | State succession | Mots clefs: Droit de libre disposition | Secession | Succession | ABSTRACT Edward McWhinney, Professor emeritus of Simon Fraser University in Vancouver, retraces the historical origins of peoples' self-determination by taking as its starting point the national self-determination that can be traced back to the French revolution. The question of the self-determination of peoples is often resolved within the framework of the nation-st…

La succession d’États (Volume 262)

(153,103 words)

Author(s): Stern, Brigitte
Stern, Brigitte Keywords: State succession | Mots clefs: Succession d états | ABSTRACT Brigitte Stern, Professor at the University of Paris I (Panthéon-Sorbonne) starts her course on State Succession with a global overview in order to identify the terms of the discussion caused by the question of "State Succession": first of all the identification of the semantic framework, which leads Professor Stern to specify the vocabulary used, which she feels often lacks meticulousness (chapter I) ; identification of a…

Identité et continuité des sujets internationaux (Volume 130)

(32,390 words)

Author(s): Cansacchi, Giorgio
Cansacchi, Giorgio Keywords: State succession | Mots clefs: Succession d états | ABSTRACT Giorgio Cansacchi writes that the International Community is formed by a plurality of subjects that are neither perpetual nor immutable in their structure. The community, like any human society, is subjected to the universal law of life and death. International subjects become centers for attributing rights, duties, powers, and responsibilities; their legal relations do not end, however, in a moment, but continue, in ge…

La succession des États quant aux obligations internationales autres que les dettes publiques (Volume 44)

(37,320 words)

Author(s): Udina, Manlio
Udina, Manlio Keywords: State succession | Obligations | Public international law | Mots clefs: Succession d états | Obligations | Droit international public | ABSTRACT The problem of succession of States in international law is one of the most serious problems of the general theory of the law of nations and one of the most important ones for international practice. After a few preliminary considerations on the succession to international rights and duties in general, the author addresses the issue of the succession of …

La succession aux dettes publiques d’État (Volume 23)

(77,508 words)

Author(s): N. Sack, A.
N. Sack, A. Keywords: Government debts | State succession | Mots clefs: Dettes publiques | Succession d états | ABSTRACT In this course, Alexandre N. Sack intends to elucidate the historical evolution and the general principles of the institution of law that is the succession to the state public debts. After the first part devoted to the legal nature of the State public debts, the author focuses on the succession to the state public debts in the event of political transformation of the State, and then in the event …

Création et disparition de l’État (à la lumière du démembrement de trois fédérations multiethniques en europe) (Volume 279)

(64,156 words)

Author(s): Degan, Vladimir-Djuro
Degan, Vladimir-Djuro Keywords: Europe | Newly-independent states | Recognition of states | State succession | Mots clefs: Europe | Etats nouveaux | Reconnaissance des Etats | Succession d états | ABSTRACT Vladimir-Djuro Degan, Professor Emeritus of the University of Rijeka, asks a certain number of questions in the introduction to his course: is there such a thing as an international community at the present time, and can it be claimed that this community is in itself a subject of international law? What is the importance of…