К вопросу о понятии правопреемства в международном праве

Abstract

On the basis of the analysis of theories in the sphere of succession, codification process and practice of state the best definition is the one enshrined in the Vienna Conventions of 1978 and 1983; "The succession of States is the substitution of one state by another in holding responsibility for international relations of some territory". In contrast to the doctrinal interpretation of the given definition as actual succession, presupposing only one component, namely the actual situations, which precede the transition of rights and obligations from one state to another, it is suggested to include into the concept also the second component of succession, i.e., the transition of rights and obligations itself. Thus the new interpretation of the concept presupposes the two components of the succession to be the object of regulation by international law. Their unification in the given defmiiion contributes to the successful realization of succession by states and to stability of international relations.