In international law, what causes the succession of States?

According to the opinion of the United Nations International Law Commission, there are five types of causes for the succession of States:

Transfer of part of the territory of a State (the transfer of part of the territory of a State to another State).

Newly independent countries (former colonies or dependencies).

The union of nations (the union of one country with another to form a new state).

The secession of part or parts of the territory of a State (the separation of a new State from an existing State).

The dissolution of a state (the separation of two or more new states and the cessation of the successor state).

In international law, there are five reasons for the succession of States, 1. The transfer of part of the territory of a State. 2 newly independent states. Union of 3 countries. 4. The separation of part or parts of the territory of a State. 5 disintegration of the state.

Legal analysisLost time pay is determined based on the victim's lost time and income. 3. Nursing fee: The nursing fee is determined according to the income status of the nursing staff, the number of nursing personnel, and the nursing period.

4. Transportation expenses: Transportation expenses are calculated based on the actual expenses incurred by the victim and his or her necessary escorts for medical treatment or hospital transfer. 5. Hospitalization meal subsidy:

The hospital meal subsidy may be determined with reference to the business trip meal subsidy standard for general staff of local state organs. 6. Nutrition expenses: Nutrition expenses are determined according to the victim's disability with reference to the opinions of medical institutions.

7. Disability compensation: Disability compensation shall be calculated for 20 years from the date of determination of disability according to the degree of the victim's loss of ability to work or the level of disability, and in accordance with the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years.

Legal basisArticle 96 of the International Relations and International Law of the People's Republic of China The question of whether the treaties of the predecessor States shall continue to be valid for the successor States. In general, "impersonal treaties" relating to territory, such as treaties relating to territorial boundaries, river traffic, water conservancy and irrigation, fall within the scope of succession.

First of all, let's talk about the reasons for succession: territorial change is a prerequisite for the succession of States (merger, secession, separation, independence, partial transfer of territory).

I. Succession to treaties.

1. Non-personal treaties related to the territory, such as treaties on territorial boundaries, river bench transportation, water conservancy and irrigation, etc., are within the scope of succession;

2. The so-called personal treaties and political treaties related to the personality of subjects of international law, such as treaties of peace and friendship, alliance and mutual assistance, and mutual defense, are generally not inherited.

2. Inheritance of property.

3. Inheritance of State Archives.

He refers to all documents that are part of the national archives.

Solution: Generally through the agreement between the relevant countries of the country; In the absence of an agreement, archives relating to the territory concerned are generally transferred to the successor State.

4. Inheritance of State debts.

Scope: Any financial obligation owed by a State to another State, an international organization or other subject of international law. There are debts incurred by the country as a whole (national debt) and localized debts borne in the name of the state.

Scope of exclusion: 1. Debts owed to foreign legal persons or natural persons;

2. Debts incurred by local authorities to other countries;

3. Debts incurred in violation of the basic principles of international law or the fundamental interests of the successor country (in principle, no inheritance);

Legal Analysis: Succession in international law refers to the legal relationship that occurs when rights and obligations under international law are transferred from one successor to another under certain circumstances. Succession in international law includes the succession of States, the succession of States and the succession of international organizations, the most important and fundamental of which is the succession of States.

Legal basis: Vienna Convention on the Law of Treaties Article 73 Succession of States, State responsibility and the occurrence of hostilities. The provisions of the present Convention are without prejudice to any question relating to treaties arising out of the succession of States or of the international responsibility of States or of hostilities between States.