International Law Commission

Last update: June 23, 2023

Summaries of the Work of the International Law Commission

Succession of States in respect of matters other than treaties

At its nineteenth session, in 1967, the Commission appointed Mohammed Bedjaoui as Special Rapporteur for the sub-topic of succession in respect of rights and duties resulting from sources other than treaties.¹

The Commission considered this sub-topic at its twentieth, twenty-first, twenty-fifth and from its twenty-seventh to thirty-third sessions, in 1968, 1969, 1973 and from 1975 to 1981, respectively. In connection with its consideration of this topic, the Commission had before it the reports of the Special Rapporteur,² information provided by Governments³ as well as documents prepared by the Secretariat.⁴

At its twenty-fifth session, in 1973, the Commission decided to limit its study for the time being to only one category of public property, namely property of the State. At the same session, it began the first reading of the draft articles.

The Commission completed the first reading of the draft articles on succession of States in respect of State property and State debts at its thirty-first session, in 1979, and on succession in respect of State archives, at its following session, in 1980. In accordance with articles 16 and 21 of its Statute, the draft articles adopted by the Commission on first reading were transmitted, through the Secretary-General, to Governments of Member States for their observations.

The General Assembly, in paragraph 4 (a) of resolution 35/163 of 15 December 1980, recommended that, taking into account the written comments of Governments and views expressed in debates in the General Assembly, the Commission should, at its thirty-third session, complete the second reading of the draft articles on succession of States in respect of matters other than treaties adopted at its thirty-first and thirty-second sessions.

At its thirty-third session, in 1981, the Commission re-examined the draft articles in the light of the comments of Governments and adopted the final text of its draft articles on succession of States in respect of State property, archives and debts, as a whole, with commentaries.⁵ In accordance with its Statute, the Commission submitted the final draft articles to the General Assembly with a recommendation that the Assembly should convene a conference of plenipotentiaries to study the draft articles and conclude a convention on the subject.⁶

The General Assembly, in resolution 36/113 of 10 December 1981, decided to convene an international conference of plenipotentiaries to consider the draft articles on succession of States in respect of State property, archives and debts, and to embody the results of its work in an international convention and such other instruments as it might deem appropriate. In that resolution, the General Assembly also invited Member States to submit their written comments and observations on the final draft articles. In resolution 37/11 of 15 November 1982, the General Assembly decided that the United Nations Conference on Succession of States in respect of State Property, Archives and Debts would be held from 1 March to 8 April 1983 at Vienna.

The Conference was accordingly held at Vienna from 1 March to 8 April 1983. The delegations of ninety States participated in the Conference, as did also Namibia, represented by the United Nations Council for Namibia. In addition, the Palestine Liberation Organization, the African National Congress of South Africa and the Pan Africanist Congress of Azania were represented at the Conference. Two specialized and related agencies and two other intergovernmental organizations were represented by observers.

The Conference had before it written comments of Governments on the final draft articles on succession of States in respect of State property, archives and debts pursuant to General Assembly resolution 36/113 of 10 December 1981, as well as comments made orally on the draft articles in the Sixth Committee of the General Assembly at the thirty-sixth and thirty-seventh sessions of the Assembly. The comments were contained in an analytical compilation prepared by the Secretariat of the United Nations.⁷

The Conference assigned to the Committee of the Whole the consideration of the draft articles on succession of States in respect of State property, archives and debts adopted by the International Law Commission. It entrusted to the Drafting Committee, in addition to the responsibility of drafting and coordinating and reviewing all the texts adopted, the preparation of the title, preamble and final clauses of the Convention, as well as the preparation of the Final Act of the Conference. The Conference, on 7 April 1983, adopted the Vienna Convention on Succession of States in respect of State Property, Archives and Debts,⁸ consisting of a preamble, fifty-one articles and an annex, the text of which is reproduced in annex V, section J. The Annex to the Convention specifies the conciliation procedure to which article 43 of the Convention relates. The Convention was opened for signature on that date until 31 December 1983 at the Federal Ministry for Foreign Affairs of the Republic of Austria and, subsequently, until 30 June 1984 at United Nations Headquarters. The Convention is subject to ratification. The Convention remains open for accession by any State. The Convention shall enter into force on the thirtieth day following the date of the deposit of the fifteenth instrument of ratification or accession.

The Final Act of the Conference, of which six resolutions adopted by the Conference form an integral part, was signed on 8 April 1983. One of the resolutions adopted by the Conference recognizes that the provisions of the Convention may not in any circumstances impair the exercise of the lawful right to self-determination and independence, in accordance with the Purposes and Principles of the Charter of the United Nations and the Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations, for peoples struggling against colonialism, alien domination, alien occupation, racial discrimination and apartheid and recognizes that the peoples in question possess permanent sovereignty over their resources and natural wealth and their rights to development, to information concerning their history and to the conservation of their cultural heritage. Another resolution, concerning Namibia, provides that the relevant articles of the Convention shall be interpreted, in the case of Namibia, in conformity with United Nations resolutions on the question of Namibia and that, in consequence, all the rights of the future independent State of Namibia should be reserved.⁹

The Commission has taken up two further aspects of the topic of succession of States and Governments. At its forty-seventh session, in 1995, the Commission took up another aspect of the topic of succession of States and Governments, namely “Nationality in relation to the succession of States”. At its sixty-ninth session, in 2017, the Commission took up “Succession of States in respect of State responsibility”.

¹ At its twentieth session, in 1968, the Commission decided to delete from the title of the topic all reference to sources in order to avoid any ambiguity regarding its delimitation, adopting as the new title “Succession in respect of matters other than treaties”.

² See Yearbook … 1968, vol. II, document A/CN.4/204; ibid., 1969, vol. II, document A/CN.4/216/Rev.1; ibid., 1970, vol. II, document A/CN.4/226; ibid., 1971, vol. II (Part One), document A/CN.4/247 and Add.1; ibid., 1972, vol. II, document A/CN.4/259; ibid., 1973, vol. II, document A/CN.4/267; ibid., 1974, vol. II (Part One), document A/CN.4/282; ibid., 1976, vol. II (Part One), document A/CN.4/292; ibid., 1977, vol. II (Part One), document A/CN.4/301 and Add.1; ibid., 1978, vol. II (Part One), document A/CN.4/313; ibid., 1979, vol. II (Part One), document A/CN.4/322 and Add.1 and 2; ibid., 1980, vol. II (Part One), document A/CN.4/333; and ibid., 1981, vol. II (Part One), document A/CN.4/345 and Add.1–3. (For individual documents see the Analytical Guide)

³ Document A/CN.4/338 and Add.1–4 published in Yearbook … 1981, vol. II (Part Two), annex I. (For individual documents see the Analytical Guide)

⁴ See Yearbook … 1970, vol. II, document A/CN.4/232. Furthermore, apart from the volume in the United Nations Legislative Series entitled “Materials on Succession of States” and supplement thereto, the Secretariat published a separate volume in the United Nations Legislative Series containing exclusively materials provided by Governments on succession of States in respect of matters other than treaties (ST/LEG/SER.B/17, United Nations publication, Sales No. 77.V.9). (For individual documents see the Analytical Guide)

⁵ See Yearbook … 1981, vol. II (Part Two), paras. 61 and 87.

⁶ See Yearbook … 1981, vol. II (Part Two), para. 86.

⁷ Document A/CONF.117/5 and Add.l.

⁸ See Official Records of the United Nations Conference on Succession of States in Respect of State Property, Archives and Debts, Vienna, 1 March–8 April 1983, vol. II, Summary records of the plenary meetings and of the meetings of the Committee of the Whole (United Nations publication, Sales No. 94.V.6), document A/CONF/117/14.

⁹ See Official Records of the United Nations Conference on Succession of States in Respect of State Property, Archives and Debts, Vienna, 1 March–8 April 1983, vol. II, Summary records of the plenary meetings and of the meetings of the Committee of the Whole (United Nations publication, Sales No. 94.V.6), document A/CONF.117/15.