State succession to international responsibility: A critical analysis of the modern succession theory based on the general principles of law

Pirim C. Z.

Czech Yearbook of Public and Private International Law, cilt.9, ss.111-129, 2018 (Scopus) identifier

  • Yayın Türü: Makale / Tam Makale
  • Cilt numarası: 9
  • Basım Tarihi: 2018
  • Dergi Adı: Czech Yearbook of Public and Private International Law
  • Derginin Tarandığı İndeksler: Scopus
  • Sayfa Sayıları: ss.111-129
  • Anahtar Kelimeler: Acquired rights, General principles of law, International responsibility, State succession, Unjust enrichment
  • Galatasaray Üniversitesi Adresli: Hayır

Özet

Within earlier doctrine, State succession to international responsibility was marked by a conflict between the ‘universal succession’ and ‘non-succession’ theories, the latter being prevalent. In the 20th century, the principle of non-succession engaged in a new confrontation, this time with a succession approach based on the general principles of law. A considerable number of theorists started to reject the traditional non-succession theory and developed a new perspective arguing that the issue had to be analyzed considering the general principles of law, namely the concepts of acquired rights and unjust enrichment. This paper discusses the appropriateness of these concepts with respect to the law of State succession to international responsibility from a theoretical perspective.