Pub intl Law state succession Adoption theory PDF

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Pub intl Law state succession Adoption theory...

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1. Definition of state succession? Mention the kinds of state succession State succession takes place when one state assumes the rights and some of the obligations of another because of certain changes in the condition of the latter. State succession may occur in a number of ways, for instance, dismemberment of an existing State, secession, annexation, cession, merger and decolonization of all or parts of an existing State. The above may be divided broadly into universal succession and partial succession. Universal Succession When a state is annexed to another state or is totally dismembered or merges with another state to form a new state. Partial Succession When a portion of the territory of a state secedes or is ceded to another or when an independent state becomes a protectorate or suzerainty or when a dependent state acquires full sovereignty.

2. Specific adoption theory According to positivists, international law cannot be directly enforced in the field of state law. In order to enforce it in the field of municipal law, it is necessary to make its specific adoption. In short international law can be applied in the field of municipal law only when either municipal law either permits it ot adopts its specifically. This view is generally followed by state I respect of international treaties. It is argued that unless there is specific adoption of the international treaties or there is some sort of transformation, international treaties as such cannot be enforced in the municipal field. While considering the international covenants on human rights, the Supreme Court of India observed, in jolly George, Vs the ban of cochin, the positive commitment of the state parties ignites legislative action at home but does not automatically make the covenant enforceable part of the court juris of India. As regards specific adoption of international treaties by Indian Parliament, the Anti-Apartheid Act 1981, the Anti Hijacking Act of 1982, the Suppression of unlawful act against the safety of civil aviation act 1982 and the international monetary fund and bank act 1982 deserve a special mention.

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