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The Law of Treaties Beyond the Vienna Convention$
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Enzo Cannizzaro

Print publication date: 2011

Print ISBN-13: 9780199588916

Published to Oxford Scholarship Online: September 2011

DOI: 10.1093/acprof:oso/9780199588916.001.0001

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Some Remarks on the Continuity of Human Rights and International Humanitarian Law Treaties

Some Remarks on the Continuity of Human Rights and International Humanitarian Law Treaties

Chapter:
(p.279) 17 Some Remarks on the Continuity of Human Rights and International Humanitarian Law Treaties
Source:
The Law of Treaties Beyond the Vienna Convention
Author(s):

Fausto Pocar

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199588916.003.0017

This chapter explores how the proliferation of newly independent states and state dissolution has resulted in greater complexity on the issue of state succession of treaty obligations. In particular, between the theories of tabula rasa succession and automatic state succession. The Human Rights Committee, the Convention on Succession of States in respect of Treaties, and the development of customary international law all bolster the imposition of automatic state succession with respect to international human rights and humanitarian law treaties. Automatic state succession is required by the special nature of human rights and humanitarian law. Thus, once a population is granted the protection of such rights, these rights devolve with the territory and a state cannot deny them. Furthermore, other international institutions have enforced these obligations resulting in the continuity of international human rights and humanitarian law treaties.

Keywords:   state succession, dissolution, humanitarian law treaties, Human Rights Committee, tabula rasa, continuity

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