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Is the Distinction between State Continuity and State Succession Reality or Fiction?

Is the Distinction between State Continuity and State Succession Reality or Fiction? Contents I . Introduction 2. Three Case Studies 2.1. The Russian Federation 2.2. The Federal Republic of Yugoslavia 2.3. Germany 2.4. Conclusions 3. State Succession 4. State Continuity and/or Identity 4.1. The Definition and Rules of State Continuity: Opinions of Jurists 4.2. A Few Summary Observations concerning State Practice 5. Concluding Remarks 1. Introduction In the context of the Baltic States, the question whether the distinction between State continuity and State succession is reality or fiction has a special importance.' It seems that the majority of governments have accepted the claim of the Baltic States to their continuity in international law. Questions remain concerning the extent and practical effects of their continuity in inter-State relations and within the Baltic States, as evidenced by many instances some of which are addressed in this issue of the Baltic Yearbook of International Law. The claims of the Baltic States to State continuity and acts of recognition of these claims are still challenged both at the inter-govemmental level and in doctrine.2 The case of the Baltic States is only one situation calling for a view on the 'existence' of a State. The twentieth century has evidenced waves of territorial changes which affected http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Baltic Yearbook of International Law Online Brill

Is the Distinction between State Continuity and State Succession Reality or Fiction?

Baltic Yearbook of International Law Online , Volume 1 (1): 32 – Jan 1, 2001
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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
eISSN
2211-5897
DOI
10.1163/221158901X00100
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Abstract

Contents I . Introduction 2. Three Case Studies 2.1. The Russian Federation 2.2. The Federal Republic of Yugoslavia 2.3. Germany 2.4. Conclusions 3. State Succession 4. State Continuity and/or Identity 4.1. The Definition and Rules of State Continuity: Opinions of Jurists 4.2. A Few Summary Observations concerning State Practice 5. Concluding Remarks 1. Introduction In the context of the Baltic States, the question whether the distinction between State continuity and State succession is reality or fiction has a special importance.' It seems that the majority of governments have accepted the claim of the Baltic States to their continuity in international law. Questions remain concerning the extent and practical effects of their continuity in inter-State relations and within the Baltic States, as evidenced by many instances some of which are addressed in this issue of the Baltic Yearbook of International Law. The claims of the Baltic States to State continuity and acts of recognition of these claims are still challenged both at the inter-govemmental level and in doctrine.2 The case of the Baltic States is only one situation calling for a view on the 'existence' of a State. The twentieth century has evidenced waves of territorial changes which affected

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Baltic Yearbook of International Law Online – Brill

Published: Jan 1, 2001

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