Kodifikacija i progresivni razvoj pravila o sukcesiji država u odnosu na državnu odgovornost

Abstract

The topic of state responsibility was the main focus of the codification work of the International Law Commission as an auxiliary body of the United Nations General Assembly for almost half a century, and in the final phase of that work, in 2001, it resulted in the adoption of the Draft Articles on the Responsibility of States for Internationally Wrongful Acts. As this codification act did not contain provisions on the succession of state responsibility, at the session of the Commission held in 2017, it was decided to include the topic: "Succession of States in respect of State responsibility" in the program of its future work. With a methodological approach similar to the models present in the two previously adopted Conventions on State Succession (in respect Treaties from 1978 and in respect of State Property, Archives and Debts from 1983), as well as with a synthesis of conceptual meanings formulated in the Draft Articles on Nationality of Natural Persons in relation to the Succession of States from 1999 and the Draft Articles on the Responsibility of States, on which the previous reports of the Special Rapporteur of the International Law Commi rely heavily, it would be possible to systematize the corpus of de lege ferenda rules which, with certain refinements and additions in the next phase of the codification work, could lead to a new Convention on State Succession.