Theories Of State Succession 2y59t

Theories of State Succession: 1. The Continuity Theory is a theory in State Succession. According to this theory, the successor steps into the shoes of the predecessor and continues the rights and obligations. Hence succession in this case is substitution plus continuation. According to this doctrine, the policies, procedures and forms of Government does not change the legal identity of a State. Every new Government succeeds to the rights and obligations of the predecessor Government. It protects the contracts, treaties and liabilities that are undertaken by the previous Government. It gives stability to the State and strengthens the relations between States. 2. The Negative Theory is a theory in State Succession Theory. This theory says that the sovereignty of the predecessor State over the absorbed territory is abandoned. The successor State does not exercise jurisdiction over the territory in virtue of a transfer of power from its predecessor but solely because it has acquired the possibility of expanding its own sovereignty in the manner dictated by its own will. The succeeding State is in no way bound to respect the rights and obligations of the State which has ceased to exist. Disadvantage: This theory does not solve the problems but has created newer problems. 3. The Importing International Law Theory is a theory in State Succession. This is a compromise between the Continuity Theory and Negative Theory. This theory states that succeeding State has to follow International Law. Example: An example contrary to this theory is when Soviet Russia agreed to supply weaponry rockets to India but post-split, it didn't supply following pressure from USA. 4. The Communist Theory is a theory in State Succession. This theory says that the succeeding State is unencumbered by the economic and political commitments of the predecessor State.