Succession of government and State under International Law
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Succession in International Law
International law must constantly adapt to the shifting political landscape. Political entities—whether vast empires, small island nations, or federated republics—are not immutable. Borders change, new states are born, and old ones disappear.
Governments too are replaced, sometimes peacefully, sometimes through revolutions or coups.
In each case, the international community must decide: Who now speaks for this territory? Who inherits its rights and obligations?
The term “succession” in international law describes how these changes are absorbed into the global legal framework without destabilising relations between states.
Yet it is crucial to distinguish between succession of state and succession of government. While they may appear similar to the casual observer, they involve fundamentally different legal consequences.
In succession of state, one state is replaced by another in its responsibility for the international relations of a territory.
This often involves complex questions: Does the new state inherit existing treaties? Is it bound by the debts of its predecessor? What happens to public property and archives?
Such scenarios are guided by customary international law, case-specific agreements, and, in some cases, codifications such as the 1978 and 1983 Vienna Conventions on state succession.
By contrast, succession of government occurs when the ruling authority changes but the legal identity of the state remains intact.
The state’s existing international obligations usually continue without disruption, even if the new rulers have very different political ideologies.
Recognition here focuses not on the existence of the state itself, but on the legitimacy of its governing regime.
Understanding the distinction between these two forms of succession is more than a legal exercise—it has practical importance for treaty enforcement, diplomatic recognition, state responsibility, and the stability of international relations.
In the chapters ahead, we unpack both concepts in depth, explore their differences, and examine how they play out in real-world politics.
Understanding Succession of State
Succession of state refers to the replacement of one state by another in the responsibility for the international relations of a given territory. This change is not about the internal politics of a country—it is about a shift in sovereignty itself.
The “predecessor state” ceases to control the territory, and a “successor state” takes its place as the recognised sovereign.
Such changes can occur in various ways:
Decolonisation – when colonies gain independence, such as India in 1947 or numerous African states in the 1960s.
Dismemberment – when a state breaks apart into multiple new states, as happened with Yugoslavia.
Secession – when part of an existing state breaks away to form a new one, such as South Sudan in 2011.
Annexation or merger – when one state absorbs another or two states form a new entity.
State succession raises pressing legal questions. Does the new state automatically inherit the treaties, debts, and property of the old?
During decolonisation, many states embraced the “clean slate” principle, rejecting the automatic transfer of prior obligations.
Others negotiate continuity through “devolution agreements,” as the UK did with several former colonies.
International law’s approach is not fully settled, and many disputes are resolved on a case-by-case basis.
The Vienna Convention on Succession of States in Respect of Treaties (1978) and the Vienna Convention on State Property, Archives and Debts (1983) codify aspects of customary law, but neither is universally ratified.
A key feature of state succession is that the international legal personality changes. This means the new state must be recognised as an international person and may choose whether to continue the obligations of its predecessor.
Recognition by other states and international organisations plays a significant role in confirming its status.
Understanding Succession of Government
Succession of government occurs when the governing authority of a state changes, but the state itself remains the same legal entity.
This might happen through regular constitutional means, such as elections, or through irregular processes, such as revolutions, coups, or foreign-imposed regime changes.
Crucially, the international legal personality of the state continues uninterrupted.
Because the state remains the same, the new government typically inherits all existing rights and obligations.
Treaties remain binding, debts are still owed, and membership in international organisations continues. This continuity reflects the principle that obligations are owed by the state as a legal person, not by the individuals who temporarily hold office.
Recognition in this context concerns the government, not the state. Other states may choose to grant de jure recognition (acknowledging a government as lawful) or de facto recognition (acknowledging it as the effective authority without full legitimacy). Political considerations often drive such decisions.
For example, the United States withheld recognition from the People’s Republic of China for decades despite its effective control over the mainland.
International law generally assumes that a change of government—no matter how radical—does not excuse non-performance of international obligations.
Revolutionary regimes, from Cuba in 1959 to Iran in 1979, inherited the treaty obligations of their predecessors, though they may seek to renegotiate or withdraw in accordance with treaty law.
Unlike state succession, government succession does not involve the creation of a new international person. The “ship of state” continues on the same legal course, even if the captain and crew have changed.
This distinction is vital in avoiding unnecessary diplomatic and legal disruption when internal political upheavals occur.
Core Differences(Succession of state and government)
While the terms “succession of state” and “succession of government” are sometimes confused, the legal consequences are distinct and must be clearly separated in international law.
1. Identity of the Legal Person:
State succession changes the legal personality. The predecessor state no longer holds sovereignty over the territory, and the successor state takes its place as a new subject of international law.
Government succession leaves the legal identity of the state intact; only the leadership changes.
2. Treaty Obligations:
In state succession, treaties may or may not carry over. Successor states can adopt the clean slate principle, renegotiate, or accept continuity.
In government succession, treaties remain binding automatically, as obligations attach to the state, not its ruling individuals.
3. Recognition:
State succession often requires recognition as a new international person. Recognition here confirms sovereignty over the territory.
Government succession focuses on recognising the regime in power, either de jure or de facto.
4. Continuity of Rights and Duties:
State succession can disrupt rights and duties—especially regarding debts, property, and nationality.
Government succession generally preserves all rights and duties without interruption.
5. Political Sensitivity:
State succession is often the result of profound geopolitical change, like decolonisation or dissolution.
Government succession is more common and may occur in routine democratic processes or through coups.
This distinction is more than academic. Treating a change of government as a change of state could undermine treaty stability, while failing to recognise a genuine change of state could misrepresent sovereignty.
For diplomats, lawyers, and international organisations, keeping the two concepts clear is essential for legal certainty and peaceful international relations.
Real-World Examples
State Succession:
Dissolution of the USSR (1991): Fifteen independent states emerged. Russia claimed continuity of the Soviet Union’s international personality, while the others were treated as new states. Treaty obligations were divided case-by-case.
Breakup of Yugoslavia (1990s): The Arbitration Commission of the Conference on Yugoslavia ruled that the Socialist Federal Republic of Yugoslavia had dissolved, creating new states. Serbia and Montenegro could not claim sole continuity.
South Sudan (2011): Seceded from Sudan following a referendum. Entered the UN as a new state, negotiating treaty accessions and debt arrangements.
Government Succession:
Cuban Revolution (1959): The new revolutionary government replaced Batista’s regime but Cuba remained the same state. Obligations persisted, though some were later repudiated.
Iranian Revolution (1979): The Islamic Republic replaced the Shah’s monarchy. While foreign policy shifted, Iran’s legal personality and treaty obligations continued.
Myanmar Coup (2021): The military replaced the elected government. Some states withheld recognition of the junta as the legitimate government, but Myanmar remained the same legal entity.
These examples show that state succession is rare and usually tied to deep territorial and political changes, whereas government succession is far more common.
Importantly, international practice is shaped not only by legal principles but by political considerations—recognition decisions often reflect strategic interests as much as legal reasoning.
Change in International Relations
In the fluid arena of international politics, both state succession and government succession require careful legal handling. They represent two very different kinds of change: one alters the very identity of the state in international law; the other changes only its leadership.
State succession raises questions about sovereignty, treaty continuity, debt responsibility, and citizenship. These transitions often occur in times of geopolitical upheaval—decolonisation, dissolution, or territorial transfer—and may require fresh recognition by the international community.
The stakes are high because such changes can reshape borders, redistribute resources, and realign alliances.
Government succession, by contrast, is part of the normal rhythm of political life, whether through elections or coups. It does not erase the state’s obligations or alter its membership in the international order.
Recognition disputes here focus on legitimacy and effective control rather than the existence of the state itself.
For diplomats, policymakers, and legal advisers, understanding the distinction is vital. Mistaking one for the other can have serious consequences—mismanaging treaty obligations, misjudging diplomatic status, or destabilising negotiations.
International law provides guidance, but politics often shapes outcomes, making flexibility and pragmatism essential.
Ultimately, both forms of succession test the balance between legal continuity and political change. By distinguishing clearly between them, the international community can better manage transitions, reduce conflict, and preserve the stability of global relations—even in an era of shifting borders and turbulent politics.
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