The state is the main subject of international law. To the question of the international legal personality of state-like entities State-like entities practice of international relations

(quasi-states) are derivative subjects of international law, since, like international organizations, they are created by primary subjects - sovereign states.
By creating, states endow them with an appropriate amount of rights and obligations. This is the fundamental difference between quasi-states and the main subjects of international law. For the rest, state-like education possesses all the features inherent in a sovereign state: its own territory, state sovereignty, the highest bodies of state power, the presence of its own citizenship, as well as the ability to act as a full participant in international legal relations.
State-like formations are, as a rule, neutralized and demilitarized.
The theory of international law distinguishes the following types state-like entities:
1) political-territorial (Danzig - 1919, West Berlin - 1971).
2) religious-territorial (Vatican - 1929, Order of Malta - 1889). Currently, the subject of international law is only one religious-territorial state-like entity - the Vatican.
The Order of Malta was recognized as a sovereign military entity in 1889. Its seat is Rome (Italy). The main goal of the Order is charity. At present, the Order has established diplomatic relations with sovereign states (104), signifying its international recognition. In addition, the Order has observer status at the UN, its own currency and citizenship. However, this is not enough. The Order has neither its territory nor its own population. From which it follows that he is not a subject of international law, and his sovereignty and ability to participate in international relations can be called a legal fiction.
The Vatican, unlike the Order of Malta, has almost all the features of a state: its own territory, population, supreme authorities and administration. The peculiarity of its status lies in the fact that the purpose of its existence is to represent the interests of the Catholic Church in the international arena, and almost the entire population is subjects of the Holy See.
The international legal personality of the Vatican was officially confirmed by the Lateran Treaty of 1929. However, long before its conclusion, the institution of the papacy received international recognition. Currently, the Holy See has established diplomatic relations with 178 sovereign states and other subjects of international law - the European Union and the Order of Malta. It should be noted that the entire volume of international legal personality granted to the Vatican is exercised by the Holy See: it participates in international organizations, concludes international treaties, and establishes diplomatic relations. The Vatican itself is only the territory of the Holy See.

Lecture 5. Subjects of international law

5.6. State-like formations as subjects of international law

History knows separate political-territorial formations that are not states in their content, since their legal personality is derived from the legal personality of the states that created them. These formations include free cities (Krakow -1815 - 1846, Danzig - 1920 - 1939, West Berlin - 1971 - 1990). These entities were created by international treaties, which determined their legal status.

Since these formations corresponded to almost all the signs of a state, but had a derivative legal personality, they began to be called state-like formations in international law.

Currently, the Vatican and the Order of Malta belong to such formations.

The legal status of the Vatican is determined by an agreement between the Italian Republic and the Holy See of February 11, 1929. In accordance with this agreement, the Vatican is endowed with all the attributes of a state: territory, citizenship, legislation, army, etc.

The Order of Malta is a religious formation that is actively involved in international relations. It exchanges representation with states, has observer missions to the UN and UN specialized agencies.

under the state in international law, a country is understood with all the features of a sovereign state inherent in it. However, not every country can be a state in the international legal sense and a subject of international law (for example, colonial countries and other geopolitical units).

From the history

The first attempt to codify the international legal features of the state was given in the Inter-American Convention on the Rights and Duties of the State of 1933. According to Art. 1 of this Convention, a state, as a person of international law, must have the following conditions:

permanent population;

a certain territory;

government;

ability to enter into relations with other states.

The most important features of the state are sovereignty, territory, population and power.

Sovereignty is a distinctive political and legal property of the state. State sovereignty is the inherent supremacy of the state on its territory and its independence in the sphere of international relations. Only states have this property, which predetermines their main characteristic features as the main subjects of international law. Sovereignty is the foundation of all fundamental rights of the state.

Any state has sovereignty from the moment of its inception. His international legal personality does not depend on the will of other subjects. It ceases only with the termination of the given state. According to Art. 3 of the Inter-American Convention on the Rights and Duties of States of 1933 “the political existence of a state does not depend on its recognition by other states. Even an as yet unrecognized state has the right to defend its integrity and its independence, to look after its safety and prosperity, and, as a consequence of this, organize itself as it pleases, legislate its interests, manage its departments and determine the jurisdiction and competence of its courts. Unlike other subjects of international law, the state has universal legal personality.

According to UN Charter states not only have sovereignty, but also independence. All members of the UN shall refrain in their international relations from the threat or use of force against the political independence of any state.

Territory is an essential condition for the existence of the state. It is fixed and guaranteed by generally recognized norms and principles of international law. According to the Final Act of the 1975 Conference on Security and Cooperation in Europe, states are obliged to respect the territorial integrity of each of the participating states. Accordingly, they refrain from any action inconsistent with the purposes and principles of the UN Charter against the territorial integrity, political independence or unity of any state.

The states parties to the Final Act regard as inviolable all the frontiers of one another, as well as the frontiers of all states in Europe, and therefore they will refrain now and in the future from any encroachment on these frontiers. They also refrain from any or actions aimed at the seizure and usurpation of part or all of the territory of any participating State.

Population is a permanent sign of the state. According to the UN Charter, the Declaration on the Granting of Independence to the Colonial Countries and Peoples of the city and the International Covenant on Economic, Social and Cultural Rights of 1966, peoples are subject to the right to self-determination. By virtue of this right, they freely determine their political status and freely pursue their economic, social and cultural development. In accordance with the Declaration on Principles of International Law of 1970, the content of the principle of equal rights and self-determination of peoples includes, in particular, the creation of a sovereign and independent state, free accession to or association with an independent state, or the establishment of any other political status freely determined by the people.

public authority is one of the main features of the state. In international law, it is the bearer of organized sovereign power. In whatever relationship the government of the state and its other bodies act, they always act on behalf of the state. The state in the international legal sense is understood as the unity of power and sovereignty.

States act in international relations as sovereign entities over which there is no power whatsoever capable of prescribing legally binding rules of conduct for them. The norms of international law that regulate the relations of states in the sphere of international communication are created by the states themselves through their agreement (coordination of wills) and are aimed at strict observance of state sovereignty in international relations. Respect for the sovereignty of any state, recognition of the sovereign equality of all states are among the fundamental principles of modern international law. According to the Declaration on Principles of International Law, d. all states enjoy sovereign equality. They have the same rights and obligations and are equal members of the international community, regardless of economic, social, political or other differences.

The concept of sovereign equality includes the following elements:

states are legally equal;

each state enjoys the rights inherent in full sovereignty;

each state is obliged to respect the legal personality of other states;

the territorial integrity and political independence of the state are inviolable;

every state has the right to freely choose and develop its political, social, economic and cultural systems;

Every State is bound to comply fully and in good faith with its international obligations and live in peace with other states.

Every state has an obligation to maintain relations with other states in accordance with the rules of international law and in accordance with the principle that the sovereignty of each state is subject to the (supremacy) of international law.

Features of the legal personality of federal states

A unitary state participates in international relations as a single subject of international law, and the question of the international legal personality of its constituent parts does not arise in this case.

Federations are complex states. Members of the federation (republics, regions, states, lands, etc.) retain a certain intrastate independence, but, as a rule, do not have the constitutional right to participate independently in foreign relations, therefore, they are not subjects of international law. In this case, only the federation as a whole acts in the international arena as a single subject of international law. As noted in Art. 2 of the Inter-American Convention on the Rights and Duties of States of 1933, "a federal state constitutes only one person before international law." For example, according to Art. 10 of the US Constitution, no state may enter into treaties, unions, or confederations. No state may, without the consent of Congress, make agreements or conventions with another state or with a foreign power.

The Russian Federation is a democratic federal state, which consists of republics, territories, regions, cities of federal significance, an autonomous region, autonomous districts - equal subjects of the Russian Federation. The republic within the Russian Federation has its own constitution and legislation. Territory, region, federal city, autonomous region, autonomous district have their own charter and legislation. According to paragraph "k" Art. 71 The Constitution of 1993 is under the jurisdiction of the Russian Federation:

foreign policy and international relations of the Russian Federation, international treaties of the Russian Federation; issues of war and peace;

foreign economic relations of the Russian Federation;

defense and security;

determination of the status and protection of the state border, territorial sea, airspace, exceptional economic zone and continental shelf of the Russian Federation.

Outside the limits of the jurisdiction of the Russian Federation and joint powers, the subjects of the Russian Federation have all the fullness of state power.

According to the federal law On the coordination of international and foreign economic relations of the constituent entities of the Russian Federation» 1998, the subjects of the Russian Federation, within the limits of the powers granted to them by the Constitution, federal legislation and agreements between state authorities of the Russian Federation and state authorities of the subjects of the Russian Federation on the delimitation of subjects of jurisdiction and powers, have the right to carry out international and foreign economic relations with subjects of foreign states, and also to participate in the activities of international organizations. Subjects of the Russian Federation, with the consent of the Government of the Russian Federation, may also carry out such relations with public authorities of foreign states.

Republics are not entitled to:

enter into relations with foreign states;

conclude intergovernmental agreements with them;

to exchange diplomatic and consular missions;

be members of intergovernmental organizations.

Republics may conclude international treaties on matters within their competence. However, in any case, these contracts should be of a secondary, derivative nature. They may contain norms that ensure the implementation of the relevant treaties of the Russian Federation. In order to ensure the implementation of such treaties, the republics may have their representations in foreign states that are not diplomatic institutions.

State-like formations- derived subjects of international law. This term is a generalized concept, since it applies not only to cities, but also to certain areas. G.p.o. are created on the basis of an international treaty or a decision of an international organization and represent a kind of state with limited legal capacity. They have their own constitution or an act of a similar nature, the highest state bodies, citizenship. There are political-territorial (Danzig, Gdansk, West Berlin) and religious-territorial state-like formations (Vatican, Order of Malta). Currently, there are only religious-territorial state-like entities. Such entities have territory, sovereignty; have their own citizenship, legislative assembly, government, international treaties. Most often, such formations are temporary in nature and arise as a result of the unsettled territorial claims of various countries to each other.

The common thing for political-territorial formations of this kind is that in almost all cases they were created on the basis of international agreements, as a rule, peace treaties. Such agreements endowed them with a certain international legal personality, provided for an independent constitutional structure, a system of government bodies, the right to issue normative acts, and have limited armed forces. These are free cities in the past (Venice, Novgorod, Hamburg, etc.) or in modern times (Danzig). West Berlin had a special status after the Second World War (before the unification of Germany in 1990).

The Order of Malta was recognized as a sovereign entity in 1889. Seat of the Order - Rome. Its official purpose is charity. It has diplomatic relations with many states. The order does not have its own territory or population. Its sovereignty and international legal personality are a legal fiction.

State-like subjects of international law include Vatican. This is the administrative center of the Catholic Church, headed by the Pope, "state-city" within the Italian capital - Rome. The Vatican has diplomatic relations with many states in various parts of the world (including Russia), permanent observers at the UN and some other international organizations, and takes part in international conferences of states. The legal status of the Vatican is determined by special agreements with Italy in 1984.

21. the issue of compliance with, application and interpretation of international treaties. invalidity of international treaties. Suspension and termination of contracts.

Each valid contract is binding on the participants. The participants must fulfill in good faith the obligations assumed under the treaty and cannot invoke the provisions of their internal law as an excuse for not fulfilling the treaty (Article 27 of the 1969 Vienna Convention

Section 2 of this part of the Convention, dealing with the application of treaties, contains Art. 28-30. The first of these establishes that treaties do not have retroactive effect, unless otherwise clear from the treaty or otherwise established. According to Art. 29, a treaty is binding on each State Party in respect of its entire territory, unless otherwise clear from the treaty or otherwise provided. Article 30 deals with the application of successive treaties relating to the same subject.

In addition, the general rule is that contracts do not have retroactive, i.e. do not apply to events that took place before the entry into force of the treaty . In addition, unless otherwise follows from the contract, it applies to all territory contracting states.

interpretation aims at clarifying the meaning of the text of the treaty, while application involves establishing the consequences for the parties, and sometimes for third states. Interpretation itself can be defined as a legal procedure that, in connection with the application of a contract to a real case, is aimed at clarifying the intentions of the parties when concluding a contract by examining the text of the contract and other relevant materials. The interpretation of an international treaty must be carried out in accordance with the basic principles of international law. It must not lead to results contrary to these principles, nor violate the sovereignty of states and their fundamental rights. The next principle is conscientious interpretation, that is, honesty, lack of desire to deceive the counterparty, the desire to establish the true meaning of the international treaty enshrined in its text.

The main object of interpretation of decisive importance is the text of the treaty, which includes all parts of the treaty, including the preamble and, where appropriate, annexes, as well as any agreement relating to the treaty that has been reached between all the parties in connection with the conclusion of the treaty, and any document drawn up by one or more of the parties in connection with the conclusion of a contract and accepted by the other parties as a document relating to the contract.

International interpretation is the interpretation of a treaty by international bodies provided for by states in the international treaty itself or authorized by them subsequently, when a dispute over interpretation has arisen, to resolve this dispute. Such bodies may be specially created commissions or an international court (arbitration). In the first case, one speaks of international administrative interpretation, in the second, of international judicial interpretation.

informal interpretation. This is the interpretation that is given by lawyers, legal historians, journalists, public organizations and politicians. This also includes the doctrinal interpretation given in scientific works on international law.

An authentic interpretation of an international treaty can be embodied in various forms: a special treaty or an additional protocol, an exchange of notes, etc.

An international treaty is declared null and void if:

1) it was concluded with a clear violation of internal constitutional norms regarding the competence and procedure for concluding an agreement (Article 46 of the Vienna Convention);

2) consent to an obligation under the contract was given by mistake, if the error concerns a fact or situation that existed at the conclusion of the contract and constituted an essential basis for consent to be bound by the contract (Article 48 of the Vienna Convention);

3) the state concluded the contract under the influence of fraudulent actions of another state participating in the negotiations (Article 49 of the Vienna Convention);

4) the consent of the state to be bound by the treaty was expressed as a result of direct or indirect bribery of its representative by another state participating in the negotiations (Article 50 of the Vienna Convention);

5) the representative of the state agreed to the terms of the contract under duress or threats directed against him (Article 51 of the Vienna Convention);

6) the conclusion of the treaty was the result of the threat or use of force in violation of the principles of international law embodied in the UN Charter (Article 52 of the Vienna Convention);

7) the contract at the time of conclusion is contrary to the basic principles of international law (Article 53 of the Vienna Convention).

Distinguish types of invalidity international treaty:

1) relative - the signs are: violation of internal constitutional norms, mistake, deceit, bribery of a representative of the state;

2) absolute - the signs include: coercion of the state or its representative; the contradiction of the treaty to the basic principles or peremptory norm of general international law (jus cogens).

Termination of international treaties is the loss of its legal force. Termination of the contract is possible in the following cases:

1. When executing international treaties.

2. Upon expiration of the contract.

3. With the mutual consent of the parties.

4. When a new peremptory norm of general international law emerges.

5. Denunciation of a treaty means the lawful refusal of the state from the treaty on the terms stipulated by the agreement of the parties in the treaty itself, carried out by the highest state authority, with notification of the counterparty.

6. Recognition of the treaty as invalid due to coercion of the state to sign it, deceit, error, contradiction of the treaty with the norm of jus cogeiu.

7. Termination of the existence of the state or change of its status.

9. Cancellation - recognition of the contract as invalid unilaterally. The legitimate grounds are: a significant violation by the counterparty of obligations under the contract, invalidity of the contract, termination of the existence of the counterparty, etc.

10. Occurrence of a resolutive condition; the contract may provide for a condition upon the occurrence of which the contract is terminated.

11. Suspension of the contract - termination of its action for a certain (indefinite) time. This is a temporary break in the operation of the contract under the influence of various circumstances. Suspension of the treaty has the following consequences (unless the parties agree otherwise):

releases participants from the obligation to comply with it during the period of suspension;

does not affect other legal relations between the participants established by the agreement

7 question main sources of international law

Sources of international law are the forms of existence of international legal norms. Under the source of international law is understood the form of expression and consolidation of the norms of international law. A document containing a rule of law. Types of sources of international law: 1) basic: international treaties; international (international legal) customs; 2) derivatives: acts of international conferences and meetings, resolutions of international organizations. (UN General Assembly resolutions).

An international treaty is an agreement between states or other subjects of international law, concluded in writing, containing the mutual rights and obligations of the parties, regardless of whether they are contained in one or more documents, and also regardless of its specific name.

International custom - these are the rules of conduct as a result of repeated repetition for a long time, acquired the tacit recognition of the subjects of international law.

The acts of international conferences include an agreement as a result of the activities of a conference created specifically for the development of an international agreement of states, which was ratified and put into effect.

8. international treaty as a source of international law

State-like entities have territory, sovereignty, have their own citizenship, legislative assembly, government, international treaties. These, in particular, are free cities, the Vatican and the Order of Malta.

free city is called a city-state with internal self-government and some international legal personality. One of the first such cities was Veliky Novgorod. In the 19th and 20th centuries the status of free cities was determined by international legal acts or resolutions of the League of Nations and the UN General Assembly and other organizations.

The scope of international legal personality of free cities was determined by international agreements and constitutions of such cities. The latter were not states or trust territories, but occupied, as it were, an intermediate position. Free cities did not have full self-government. However, they were subject only to international law. For residents of free cities, a special citizenship was created. Many cities had the right to conclude international treaties and join international organizations. The guarantors of the status of free cities were either a group of states or international organizations.

This category historically included the Free City of Krakow (1815-1846), the Free State of Danzig (now Gdansk) (1920-1939), and in the post-war period the Free Territory of Trieste (1947-1954) and, to a certain extent, West Berlin, which enjoyed a special status established in 1971 by the Quadripartite Agreement of the USSR, USA, Great Britain, France.

Vatican. In 1929, on the basis of the Lateran Treaty, signed by the papal representative Gaspari and the head of the Italian government, Mussolini, the "state" of the Vatican was artificially created. In the preamble of the Lateran Treaty, the international legal status of the state "Vatican City" is defined as follows: in order to ensure absolute and explicit independence of the Holy See, guaranteeing indisputable sovereignty in the international arena, the need to create a "state" of Vatican City was revealed, recognizing in relation to the Holy See its full ownership , exclusive and absolute power and sovereign jurisdiction.

The main goal of the Vatican is to create conditions for independent government for the head of the Catholic Church. At the same time, the Vatican is an independent international personality. It maintains external relations with many states, establishes its permanent representations (embassies) in these states, headed by papal nuncios or internuncios. Delegations of the Vatican participate in the work of international organizations and conferences. It is a member of a number of intergovernmental organizations, has permanent observers at the UN and other organizations.

According to the Basic Law (Constitution) of the Vatican, the right to represent the state belongs to the head of the Catholic Church - the pope. At the same time, it is necessary to distinguish between the agreements concluded by the pope as the head of the Catholic Church on church affairs (concordats), from the secular agreements that he concludes on behalf of the state of the Vatican.

Order of Malta. The official name is the Sovereign Military Order of the Hospitallers of St. John of Jerusalem, Rhodes and Malta.

After the loss of territorial sovereignty and statehood on the island of Malta in 1798, the Order, reorganized with the support of Russia, settled in Italy from 1834, where the rights of sovereign formation and international legal personality were confirmed to it. Currently, the Order maintains official and diplomatic relations with 81 states, including Russia, is represented by an observer in the UN, and also has its official representatives at UNESCO, the ICRC and the Council of Europe.

The headquarters of the Order in Rome enjoys immunity, and the head of the Order, the Grand Master, has the immunities and privileges inherent in the head of state.

6. Recognition of states: concept, grounds, forms and types.

International legal recognition- this is an act of the state, which states the emergence of a new subject of international law and with which this subject considers it appropriate to establish diplomatic and other relations based on international law.

Recognition usually takes the form of a state or group of states addressing the government of the emerging state and declaring the extent and nature of its relationship with the newly emerged state. Such a statement, as a rule, is accompanied by an expression of a desire to establish diplomatic relations with the recognized state and to exchange representations.

Recognition does not create a new subject of international law. It can be complete, final and official. This type of recognition is called de jure recognition. Inconclusive recognition is called de facto.

De facto (actual) recognition takes place in cases where the recognizing state does not have confidence in the strength of the recognized subject of international law, and also when it (the subject) considers itself a temporary entity. This type of recognition can be implemented, for example, through the participation of recognized entities in international conferences, multilateral treaties, international organizations. De facto recognition, as a rule, does not entail the establishment of diplomatic relations. Trade, financial and other relations are established between states, but there is no exchange of diplomatic missions.

De jure (official) recognition is expressed in official acts, such as resolutions of intergovernmental organizations, final documents of international conferences, government statements, etc. This type of recognition is realized, as a rule, through the establishment of diplomatic relations, the conclusion of agreements on political, economic, cultural and other issues.

Ad-hock recognition is temporary or one-time recognition, recognition for a given occasion, a given purpose.

The grounds for the formation of a new state, which will subsequently be recognized, may be as follows: a) a social revolution that led to the replacement of one social system by another; b) the formation of states in the course of the national liberation struggle, when the peoples of the former colonial and dependent countries created independent states; c) the merger of two or more states or the separation of one state into two or more.

The recognition of a new State shall not affect the rights acquired by it prior to its recognition by virtue of the laws in force. In other words, the legal consequence of international recognition is the recognition of legal force behind the laws and regulations of the recognized state.

Recognition comes from an authority competent under public law to declare recognition of the state concerned.

Types of recognition: recognition of governments, recognition as a belligerent and rebellion.

Recognition is usually addressed to the newly emerged state. But recognition can also be granted to the government of a state when it comes to power in an unconstitutional way - as a result of a civil war, a coup, etc. There are no established criteria for recognizing such governments. It is usually assumed that the recognition of the government is justified if it effectively exercises power on the territory of the state, controls the situation in the country, pursues a policy of respect for human rights and fundamental freedoms, respects the rights of foreigners, expresses readiness for a peaceful settlement of the conflict, if any takes place inside country, and declares its readiness to comply with international obligations.

Recognition as a belligerent and rebellion is, as it were, a preliminary recognition aimed at establishing contacts with a recognized subject. This recognition assumes that the recognizing state proceeds from the existence of a state of war and considers it necessary to observe the rules of neutrality in relation to the belligerents.

7. Succession of states: concept, sources and types.

International succession there is a transfer of rights and obligations from one subject of international law to another as a result of the emergence or cessation of the existence of a state or a change in its territory.

The question of succession arises in the following cases: a) in case of territorial changes - the disintegration of the state into two or more states; the merger of states or the entry of the territory of one state into another; b) during social revolutions; c) in determining the provisions of the mother countries and the formation of new independent states.

The successor State inherits essentially all the international rights and obligations of its predecessors. Of course, third states also inherit these rights and obligations.

Currently, the main issues of State succession are settled in two universal treaties: the Vienna Convention on the Succession of States in respect of Treaties of 1978 and the Vienna Convention on the Succession of States in respect of State Property, Public Archives and Public Debts of 1983.

Issues of succession of other subjects of international law are not regulated in detail. They are permitted on the basis of special agreements.

Types of succession:

Succession of states in relation to international treaties;

Succession in relation to state property;

Succession to State Archives;

Succession in respect of public debts.

Succession of States in relation to international treaties. According to Art. 17 of the 1978 Convention, a newly independent State may, by notification of succession, establish its status as a party to any multilateral treaty which, at the time of the succession of States, was in force in respect of the territory that was the object of the succession of States. This requirement shall not apply if it is clear from the treaty or otherwise established that the application of that treaty to a newly independent state would be inconsistent with the object and purpose of that treaty or would fundamentally change the terms of its operation. If the participation in a multilateral treaty of any other state requires the consent of all its participants, then the newly independent state can establish its status as a party to this treaty only with such consent.

By making a notification of succession, the newly independent State may - if permitted by the treaty - express its consent to be bound by only part of the treaty or choose between its various provisions.

Notice of succession to a multilateral treaty shall be made in writing.

A bilateral treaty that is the subject of a succession of states is considered to be in force between a newly independent state and another participating state when: (a) they have expressly agreed to do so, or (b) by virtue of their conduct, they must be deemed to have so agreed.

Succession to state property. The transfer of state property of the predecessor state entails the termination of the rights of this state and the emergence of the rights of the successor state to state property, which passes to the successor state. The date of transfer of state property of the predecessor state is the moment of succession of the state. As a rule, the transfer of state property occurs without compensation.

According to Art. 14 of the 1983 Vienna Convention, in the event of the transfer of a part of the territory of a state to another state, the transfer of state property from the predecessor state to the successor state is governed by an agreement between them. In the absence of such an agreement, the transfer of part of the territory of a State can be resolved in two ways: a) the immovable State property of the predecessor State located in the territory that is the object of the succession of States passes to the successor State; b) movable state property of the predecessor state connected with the activities of the predecessor state in relation to the territory that is the object of succession passes to the successor state.

When two or more states unite and thereby form one successor state, the state property of the predecessor states passes to the successor state.

If the state is divided and ceases to exist and parts of the territory of the predecessor state form two or more successor states, the immovable state property of the predecessor state shall pass to the successor state in whose territory it is located. If the immovable property of the predecessor state is located outside its territory, then it passes to the successor states in fair shares. Movable State property of the predecessor State connected with the activities of the predecessor State in respect of the territories that are the object of the succession of States shall pass to the respective successor State. Other movable property shall pass to the successor states in fair shares.

Succession to State Archives. According to Art. 20 of the 1983 Vienna Convention, “Public archives of the predecessor State” is a collection of documents of any age and kind, produced or acquired by the predecessor State in the course of its activities, which, at the time of the succession of the state, belonged to the predecessor State in accordance with its internal law and were kept by it directly or under his control as archives for various purposes.

The date of transition of the state archives of the predecessor state is the moment of succession of states. The transfer of state archives takes place without compensation.

The predecessor state is under an obligation to take all measures to prevent damage to or destruction of state archives.

When the successor state is a new independent state, the archives belonging to the territory that is the object of the succession of states shall pass to the new independent state.

If two or more states merge and form one successor state, the state archives of the predecessor states shall pass to the successor state.

In the event of a division of a state into two or more successor states, and unless the respective successor states otherwise agree, part of the state archives located on the territory of that successor state shall pass to that successor state.

Succession in respect of public debts. Public debt means any financial obligation of a predecessor state towards another state, international organization or any other subject of international law, arising in accordance with international law. The date of transition of debts is the moment of succession of states.

When part of the territory of a state is transferred by that state to another state, the transfer of the public debt of the predecessor state to the successor state is governed by an agreement between them. In the absence of such an agreement, the public debt of the predecessor State passes to the successor State in an equitable share, taking into account, in particular, the property, rights and interests that pass to the successor State in connection with this public debt.

If the successor state is a newly independent state, no national debt of the predecessor state shall pass to the new independent state, unless an agreement between them provides otherwise.

When two or more states merge and thereby form one successor state, the public debt of the predecessor states passes to the successor state.

If, on the other hand, a State is divided and ceases to exist, and parts of the territory of the predecessor State form two or more successor States, and unless the successor States otherwise agree, the public debt of the predecessor State shall pass to the successor States in equitable shares, taking into account, in particular, , property, rights and interests that pass to the successor state in connection with the surrendered public debt.