Original title: Yeni Devletlerin Uluslararası Örgüt Üyeliğine Halefiyeti: Teorik Bir Değerlendirme
The law of succession, a complex and evolving area of international law, deals with the succession and change of responsibilities of states in international relations. The 1978 Vienna Convention on Succession to Treaties, which entered into force on November 6, 1996, sets the basic framework in this area. The concept of succession can be defined as the replacement of one state by another or the transfer of rights and obligations from one state to another. However, the complexity behind this definition arises from the interaction and conflict of different principles and rules of international law. While the succession of states is discussed in the literature within the framework of succession to bilateral and multilateral treaties, property, archives and debts of the predecessor state, the issue of succession to international organizations emerges as one of these areas of conflict. As such, it is controversial how to choose between the rules of succession to treaties, especially multilateral treaties, and the provisions in the constituent documents/constitutions of international organizations.
In this article, the basic principles of the concept of succession will be discussed in the context of membership in international organizations and the basic approaches in this field, the practices of states and international organizations and the work of the International Law Commission will be examined. The article proposes a modus operandi for understanding the complexity of succession law and aims to provide a basis for shedding light on the debate in this area.
- Published in
- Türkiye Adalet Akademisi Dergisi (TAAD), Yıl 15, Sayı 59
- Date
- July 2024
- pp.
- 181–204
- Language
- Turkish