Šturma, Pavel: Role of agreements in the context of succession of States in respect of international responsibility

Key words:

Codification, development of international law, International Law Commission, succession of States, responsibility, devolution agreements, claims agreements


In May 2017, the International law Commission decided to place on its current programme of work a new topic called “Succession of States in respect of State responsibility”. The topic involves some controversies about a general rule on succession or non-succession in respect of responsibility. Whatever solution may be adopted as a general or default rule, priority should be given to solutions of succession reached by agreement. Therefore the present contribution focuses on the role of different kinds of agreements on devolution, recognition or distribution of obligations and rights arising from State responsibility in the context of succession.