The Decolonization of International Law: State Succession and the Law of Treaties

Paperback | November 15, 2009

byMatthew Craven

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The issue of state succession continues to be a vital and complex focal point for public international lawyers, yet it has remained strangely resistant to effective articulation. The formative period in this respect was that of decolonization which marked for many the time when internationallaw 'came of age' and when the promises of the UN Charter would be realized in an international community of sovereign peoples. Throughout the 1990s a series of territorial adjustments placed succession once again at the centre of international legal practice, in new contexts that went beyond thetraditional model of decolonization: the disintegration of the Soviet Union, Yugoslavia, and Czechoslovakia, and the unifications of Germany and Yemen brought to light the fundamentally unresolved character of issues within the law of succession. Why have attempts to codify the practice of succession met with so little success? Why has succession remained so problematic a feature of international law? This book argues that the answers to these questions lie in the political backdrop of decolonization and self-determination, and that thetensions and ambiguities that run throughout the law of succession can only be understood by looking at the relationship between discourses on state succession, decolonization, and imperialism within the framework of international law.

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The issue of state succession continues to be a vital and complex focal point for public international lawyers, yet it has remained strangely resistant to effective articulation. The formative period in this respect was that of decolonization which marked for many the time when internationallaw 'came of age' and when the promises of th...

Matthew Craven is Professor of International Law at the School of Oriental and African Studies at the University of London.

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Format:PaperbackDimensions:304 pages, 9.21 × 6.14 × 0.07 inPublished:November 15, 2009Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199577889

ISBN - 13:9780199577880

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Table of Contents

IntroductionPart One: Critical Diagnostics1. Introduction2. The Themes of Succession3. A Brief History4. Succession, Identity, and Continuity5. Bedjaoui, O'Connell, and the 'End' of Succession6. ConclusionsPart Two: Codification and Decolonization 1950-19741. The Move to Codification2. Initial Steps: The International Law Commission Sub-committee3. The International Law Association4. A Change in Focus: The Waldock Reports5. The Law of Treaties and Beyond6. New States7. Semi-Sovereignty: Mandates, Trusteeships and Protectorates8. Other Categories of Succession9. Dispositive Treaties10. Final Moves: The Vienna Conference11. Reception and Reflection12. ConclusionsPart Three: New Beginnings, New Ends1. Introduction2. Beyond Decolonization3. The Perils of Formalism: Continuity, Personality, and Identity4. Treaty Continuity and Automatic Succession5. Functional Differentiation6. ConclusionsConclusions