Quebec Accession to Independence and State Succession Relating to Treaties (L'Accession Du Quebec a La Souverainete Et La Succession D'Etats En Matieres De Traites)

UPDATING OF THE STUDIES ORIGINALLY PREPARED FOR THE PARLIAMENTARY COMMITTEE TO EXAMINE MATTERS RELATING TO THE ACCESSION OF QUEBEC TO SOVEREIGNTY (1991-1992), Vol. 3, No. 2, 1st Part, pp. 225-368, Government of Quebec, May 2002

228 Pages Posted: 29 Oct 2008 Last revised: 30 Jun 2013

See all articles by Patrick Dumberry

Patrick Dumberry

University of Ottawa - Civil Law Section

Date Written: October 28, 2008

Abstract

This is one of the updated studies originally prepared for the Commission on the Political and Constitutional Future of Quebec (1990-1991) and for the Parliamentary Committee to Examine Matters Relating to the Accession of Quebec to Sovereignty (1991-1992). This study, sponsored by the Government of Quebec in 2002, is entitled Quebec Accession to Independence and State Succession Relating to Treaties. It deals with the issue of an independent Quebec's succession to treaties to which Canada is a party.

This study examines whether or not Article 34 of the 1978 Vienna Convention on Succession of States in Respect of Treaties (on secession) represents customary international law in light of recent State practice on State succession to multilateral and bilateral treaties in the context of the dissolution of the USSR, Czechoslovakia and Yugoslavia. The study concludes that there is an emerging presumption in favour of the continuity of treaties. It also considers the official position adopted by the Government of Quebec on State succession to treaties in the context of the 1995 referendum in favour of the principle of continuity. Finally, we examine what should be the position of an independent Quebec with respect to the 630 treaties entered into by Canada during the period 1991-2001 as well as the status of the 300 international agreements signed by the government of Quebec.

Note: Downloadable document is in French.

Keywords: Quebec, secession, State succession, treaty, Vienna Convention, continuity

Suggested Citation

Dumberry, Patrick, Quebec Accession to Independence and State Succession Relating to Treaties (L'Accession Du Quebec a La Souverainete Et La Succession D'Etats En Matieres De Traites) (October 28, 2008). UPDATING OF THE STUDIES ORIGINALLY PREPARED FOR THE PARLIAMENTARY COMMITTEE TO EXAMINE MATTERS RELATING TO THE ACCESSION OF QUEBEC TO SOVEREIGNTY (1991-1992), Vol. 3, No. 2, 1st Part, pp. 225-368, Government of Quebec, May 2002. Available at SSRN: https://ssrn.com/abstract=1291525

Patrick Dumberry (Contact Author)

University of Ottawa - Civil Law Section ( email )

57 Louis Pasteur Dr
Ottawa
Canada

HOME PAGE: http://www.droitcivil.uottawa.ca/index.php?option=com_contact&task=view&contact_id=148&Itemid=118

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