State Succession in Respect of Treaties and Notifications: A Bottleneck Approach

Abstract

Nowadays, State succession in respect of treaties is mainly concerned with separation and dismemberment of States. According to the 1978 Vienna Convention on the topic, the predecessor’s treaties automatically bind the successor State (article 34 of the said Convention). In practice, successor States are not officially bound until they issue a notification of succession. Except upon submission of a notification, the depositary does not list the successor State as a party. The scope of this article is to highlight the central position of notifications in the succession process. Given the major role played by notifications, it is worth questioning notifications themselves. The article thus addresses many issues: what is a notification? What are the theoretical considerations pertaining to them? How do successor States use notifications? Is treaty law relevant to notifications of succession? Are notifications governed by customary law? How are notifications perceived by successor States, depositaries, and other States parties? Here are some of the questions we will tentatively try to answer. All these questions (and answers) will help to build a more accurate representation of notifications and of State succession in respect of treaties. In the end, we will be able to outline the characteristics features of notifications of succession. By doing so, analytical tools useful to appraise future notifications of succession, as well as succession of States in respect of treaties at large, will be provided.

Keywords: State succession, Notification, Treaties