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The Vienna Convention On Succession Of States In Respect Of Treaties Of 1978

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Chapter Summary

The four decades of decision making leading to the entry into force in 1996 of the Vienna Convention on the Succession of States in Respect of Treaties of 1978 (the 1978 Convention) clarified the modern law and policy of state succession and commercial obligations. The 1978 Conference was convened by the United Nations to consider the Draft 1978 Convention. Articles 12 and 13 of the 1978 Convention appropriately balance the right of successor states to self-determination with the need to preserve global order built on preexisting cooperative arrangements between states. The law and policy that emerged from the 1978 Convention rejected positivistic approaches to state succession in favor of a policy- oriented approach. The debates before the International Law Commission (ILC) and at the 1978 Convention clarified the key policies at stake in state succession in regard to commercial obligations.

Keywords: International Law Commission (ILC); self-determination; state succession; Vienna Convention



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