The issue of state succession continues to be a vital and complex
focal point for public international lawyers, yet it has remained
strangely resistant to effective articulation. The formative period
in this respect was that of decolonization which marked for many
the time when international law came of age and when the promises
of the UN Charter would be realized in an international community
of sovereign peoples. Throughout the 1990s a series of territorial
adjustments placed succession once again at the centre of
international legal practice, in new contexts that went beyond the
traditional model of decolonization: the disintegration of the
Soviet Union, Yugoslavia, and Czechoslovakia, and the unifications
of Germany and Yemen brought to light the fundamentally unresolved
character of issues within the law of succession. Why have attempts
to codify the practice of succession met with so little success?
Why has succession remained so problematic a feature of
international law? This book argues that the answers to these
questions lie in the political backdrop of decolonization and
self-determination, and that the tensions and ambiguities that run
throughout the law of succession can only be understood by looking
at the historical relationship between discourses on state
succession, decolonization, and imperialism within the framework of
international law.
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