Chapter 1. The Commission of an Internationally Wrongful Act Directly Affecting the Predecessor State

Abstract

This Chapter deals with the question as to who from the continuing State or the successor State can submit a claim for reparation for internationally wrongful acts committed by a third State (before the date of succession) directly affecting the predecessor State. It explores the theoretical dimension of the question whether the transfer of the right to reparation from the predecessor State(s) to the successor State(s) is accepted in international law. The chapter examines in detail the legal arguments advanced by the doctrine of non-succession, which deny any such transfer of rights to the successor State. It also examines some criticisms of these arguments. The chapter describes the relevant State practice and international case law where questions of State succession to the right to reparation arose.Keywords: continuing State; international case law; international law; internationally wrongful acts; predecessor State; State practice; successor State