Q What is Succession

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Q What is Succession? Discuss two kinds of succession.Ans Succession is merger or absorbtion of one state by another state or states. State succession is distinguished from govt. succession. When succession takes place then a state loses itself fully or a part of its territory while in case of govt. succession only the organization of a govt or constitutional structure changes. The rule of state succession was incorporated from the Roman Law by Grotius. In Roman law when a person dies his rights and duties are succeeded by his successor. A state may lose part of its territory, or it may lose all of it. Loss of territory may result in the enlargement of one or more states. When a succession situation arises, the point of chief legal interest is the effect, on the international rights and obligations of the state or states concerned.Kinds of Succession. State succession are of two types (1) Universal Succession (2) Partial Succession(1) Universal Succession: If the legal identity of a community is completely destroyed there is said to be universal succession of states. Universal succession takes place when a state is completely absorbed by another, either through subjugation or through voluntary merger. Universal succession takes place under the following circumstances(a) When the territory of a state is forcibly annexed by other state.(b) When a state voluntary merges into one or several states.(c) When one state is divided into several states and several states are formed.

(2) Partial Succession: When as a result of civil war or war of liberation, a part of state breaks off and takes up an independent position. Partial succession takes place under the following circumstances(a) When a part of the state revolts and after achieving freedom becomes a separate international person.(b) When a part of state is ceded to another state.(c) When a state accepts the suzerainty or becomes a protectorate of another state.Rights and Duties arising out of State succession:When a state takes the place of another state following rights and duties arise.(1) Political Rights and Duties: No Succession takes place in respect of political duties and rights. The succession state is not bound by the treaties of peace or neutrality entered into by the extinct state.(2) Local rights and duties: In respect of land, rivers, roads, railways etc., therefore the succeeding state succeeds the rights and duties of the former state.(3) Debts: It depends on the discretion of succeeding state whether to pay or not to pay the public debts of the former state.

(4) Nationality: The nationals of the former state lose their nationality at the extinction of the state and becomes the nationals of new state.(5) Laws: As far as the law of the former states are concerned, civil law continues until it is changed by the succeeding state.(6) Public funds and public property: The successor state takes over the public funds and public property of the predecessor state.