AustLII Home | Databases | WorldLII | Search | Feedback

Edited Legal Collections Data

You are here:  AustLII >> Databases >> Edited Legal Collections Data >> 2013 >> [2013] ELECD 306

Database Search | Name Search | Recent Articles | Noteup | LawCite | Help

Leb, Christina; Tignino, Mara --- "State succession to water treaties: uncertain streams" [2013] ELECD 306; in Boisson de Chazournes, Laurence; Leb, Christina; Tignino, Mara (eds), "International Law and Freshwater" (Edward Elgar Publishing, 2013) 421

Book Title: International Law and Freshwater

Editor(s): Boisson de Chazournes, Laurence; Leb, Christina; Tignino, Mara

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781781005088

Section: Chapter 20

Section Title: State succession to water treaties: uncertain streams

Author(s): Leb, Christina; Tignino, Mara

Number of pages: 24

Abstract/Description:

State succession, the change of sovereignty over a certain territory, often creates political and legal uncertainties. Irrespective of whether this change is due to the emergence of a new State or the transfer of the territory to an existing State, people and resources located in the territory become subject to a new governing entity and new neighborhood relations are created. These aspects and the incertitude about the fate of previously established legal relationships may cause disputes. Universally accepted rules on the legal effects of a change in sovereignty could mitigate or prevent such disputes from emerging; however, State practice is inconsistent in this area. It has been and continues to be characterized by solutions adopted on a case-by-case basis. The 1978 Vienna Convention on Succession of States in Respect to Treaties was an attempt to provide clarity on the legal regime of succession. Its content was drafted against the background of the experience of State practice during decolonization and, already then, much of it was progressive development classifying diverse State practice and treaties into restrictive categories.


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.austlii.edu.au/au/journals/ELECD/2013/306.html