The Succession of States in Universal Treaties on the Protection of Human Rights and Humanitarian Law

Abstract

This article addresses the issue of automatic succession of law which occurs at times of territorial modification, especially in regard to national boundaries. Contemporary law accepts as general international law the automatic succession of treaties which establish borders or specific territorial regimes, and treaties which codify general international law remain in force. The article studies current practice with a view to crystallising a general law which establishes the automatic succession to treaties on the protection of human rights and to humanitarian treaties. Practice shows a presumption in favour of the continuity of treaties on the protection of human rights and humanitarian law applicable in the territory in which the succession takes place. This presumption is, surely, the minimum conclusion. Nevertheless, this process is in an advanced state and it would seem that the express declaration of the International Court of Justice, save extrajuridical reasons which lead it to be excessively prudent or otherwise the general and express declaration of the states, will in the not-too-distart future concur.