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The Law of Treaties Beyond the Vienna Convention edited by Cannizzaro, Enzo (17th February 2011)

Part III Observance and Application of Treaties, 17 Some Remarks on the Continuity of Human Rights and International Humanitarian Law Treaties

Fausto Pocar

From: The Law of Treaties Beyond the Vienna Convention

Edited By: Enzo Cannizzaro

Subject(s):
State succession — UN Charter — Vienna Convention on the Law of Treaties

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.

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