Introduction

Legal Literacy - In the dynamics of global geopolitics, changes in sovereignty over a territory are an inevitable phenomenon. The dissolution of large countries such as the Soviet Union and Yugoslavia, the reunification of Germany, to the birth of new countries through decolonization are historical events that have fundamental legal consequences. The process of transferring rights and obligations from one country to another due to changes in sovereignty is regulated in a special branch of international law known as state succession.

This article will deeply explore the concept of state succession, starting from the legal basis, forms of occurrence, to the main doctrinal conflicts that shape its practice. By understanding this framework, we can better analyze the juridical impact of changes in the world's political map.

In simple terms, state succession is the transfer of sovereignty over a territory from a predecessor state (predecessor state) to a successor state (successor state). The consequences of this transfer include the status of international agreements, ownership of state assets and archives, state debt, and the citizenship status of its residents.

A formal definition can be found in several sources. According to Article 1(b) of Law Number 24 of 2000 concerning International Agreements, state succession is defined as:

"...the transfer of rights and obligations from one country to another, as a result of the change of state to continue the responsibility of carrying out foreign relations and carrying out obligations as a party to an international agreement, in accordance with international law and principles in the Charter of the United Nations negara lain, sebagai akibat pergantian negara untuk melanjutkan tanggung jawab pelaksanaan hubungan luar negeri dan pelaksanaan kewajiban sebagai pihak suatu perjanjian internasional, sesuai dengan hukum internasional dan prinsip-prinsip dalam Piagam Perserikatan Bangsa-Bangsa."

The codification of international law on state succession has been driven by the International Law Commission (ILC) under the auspices of the UN. This effort resulted in two fundamental legal instruments:

  1. The 1978 Vienna Convention on Succession of States in Respect of Treaties (Vienna Convention on Succession of States in Respect of Treaties).
  2. The 1983 Vienna Convention on Succession of States in Respect of State Property, Archives and Debts (Vienna Convention on Succession of States in Respect of State Property, Archives and Debts).

Although these two conventions have not been universally ratified, they remain a primary reference in the study and practice of state succession.