Theories and Practice of State Succession to Bilateral Treaties: The Recent Experience of Kosovo
This article explores the most recent practice, as exemplified by the case of Kosovo, concerning succession to treaties in international law. In doing so, it examines the precise meaning and legal effects under international law of relevant provisions of the Declaration of Independence (DoI) of Kosovo with respect to international treaties concluded by the United Nations Interim Administration Mission in Kosovo (UNMIK) and the former Socialist Federal Republic of Yugoslavia (SFRY) or, as applicable, any other predecessor entity. More specifically, the aim is to identify and comprehend the fundamental principles underlying the existing or developing practice of treaty succession, and to situate it within a broader framework of succession in international law. Kosovo's absence from key multilateral regimes, in particular the United Nations, dictates a focus on succession to bilateral treaties. Kosovo is in the process of establishing with its partners the status of its bilateral treaties undertaken by way of succession.
State Succession to Bilateral Treaties: A Few Observations on the Incoherent and Unjustifiable Solution Adopted for Secession and Dissolution of States under the 1978 Vienna Convention
Abstract This article examines the question of state succession to bilateral treaties. It analyses the work of the International Law Commission undertaken in the 1970s and criticizes the solutions it has adopted in the 1978 Vienna Convention on Succession of States in Respect of Treaties for different types of state succession. I will argue that it is incoherent for the ILC to apply, on the one hand, the solution of automatic continuity for bilateral treaties in the context of secession and dissolution of states, while adopting, on the other hand, the solution of tabula rasa for Newly Independent States. In any event, it is plainly unjustifiable to apply the principle of automatic continuity to bilateral treaties. Thus, while the tabula rasa principle was adopted by the ILC for multilateral treaties to protect Newly Independent States’ right to self-determination, the same solution was chosen for bilateral treaties for different reasons. The rule of tabula rasa was adopted because of the particular nature of bilateral treaties and the basic requirement that the other party to an original treaty must consent to the continuation of that treaty with a Newly Independent State. There are simply no logical reasons as to why the tabula rasa principle adopted for Newly Independent States should not also find application for all new states. Bilateral treaties do not automatically continue to be in force as of the date of succession unless both states that are implicated explicitly (or tacitly) agree to such a continuation.
Lower Jurassic palaeomagnetic results from Yorkshire, England, and their implications
Palaeomagnetic study of Middle Liassic siltstones shows a stable magnetization with a mean direction of D = 12.3°, I = 64.6° (N = 60, k = 26, α95 = 3.9°) corresponding to a palaeomagnetic pole at 79.8°N, 125.6°E, similar to that for southern Germany and confirming predictions based on palaeogeographic reconstructions using North American data. Sideritic concretions of Lower Liassic age show a higher magnetic stability with a mean direction of D = 12.6°, I = 61.4° (N = 125, k = 50, α95 = 1.8°) which is not significantly different from the siltstones. This confirms the sedimentological evidence that suggests that such concretions grew very shortly after deposition, i.e. within the Liassic, and suggests that similar concretions of other ages could thus be used for palaeomagnetic studies. Although the Liassic palaeomagnetic pole (76.9°N, 134.7°E), based on this work, appears valid it is still not possible to evaluate a sensible Mesozoic polar wandering curve for the North Atlantic bordering continents.