State Succession to Responsibility for Internationally Wrongful Acts

Grega Pajnkihar, Ph.D. (2020), University of Ljubljana, is a professional diplomat of the Republic of Slovenia. During his career, he was actively engaged with succession of Yugoslavia and was a Fulbright Scholar at George Washington University in Washington D.C.

Acknowledgements


Abbreviations


Introduction


Part 1

Succession of States

1 State Formation and Elements of State Succession

1.1 The Origins of the State


1.2 Succession




2 Succession to State Property

2.1 Definition of State Property


2.2 Principles and Rules for Succession to State Property


2.3 Types of State Property


2.4 State Practice with Continuing Legal Personality


2.5 Practice of States without Continuing Legal Personality


2.6 Conclusions




3 Succession to State Archives

3.1 Definition of State Archives


3.2 Principles and Rules for Succession to State Archives


3.3 State Practice with Continuing Legal Personality


3.4 State Practice without Continuing Legal Personality


3.5 Conclusions




4 Succession to State Debt

4.1 The Creditor as a Public or Private International Law Entity


4.2 Types of Debt


4.3 Principles and Rules for Succession to State Debt


4.4 State Practice with Continuing Legal Personality


4.5 State Practice without Continuing Legal Personality


4.6 Conclusions




5 Succession to Treaties

5.1 Definition of a Treaty


5.2 Types of Treaties and Other Sources of International Law


5.3 Principles and Rules for Succession to Treaties


5.4 State Practice with Continuing Legal Personality


5.5 State Practice without Continuing Legal Personality


5.6 Conclusions




6 Conclusions

6.1 Principles


6.2 Confirmed Rules




Part 2

Responsibility of States for Internationally Wrongful Acts

7 Definition of International Responsibility of States

7.1 Acts of a State


7.2 International Wrongfulness




8 Attribution of a Conduct

8.1 Conduct of State Organs in their Official Capacity


8.2 Special Cases of Attribution




9 Indirect Responsibility

9.1 Aid and Assistance


9.2 Direction and Control over the Actions of Another State


9.3 Coercion




10 Rights and Obligations Arising from International Responsibility

10.1 Obligation of the Breaching State to Cease the Wrongful Conduct


10.2 Assurances and Guarantees of Non-repetition


10.3 Reparations


10.4 Contribution of an Injured State to the Injury and Duty to Mitigate the Consequences


10.5 Consequences of Serious Breaches of Jus Cogens


10.6 Circumstances Precluding Wrongfulness




11 Invocation of International Responsibility


12 Conclusions




Part 3

State Succession to International Responsibility

13 Definition of State Succession to Responsibility for Internationally Wrongful Acts

13.1 Object of State Succession to Responsibility for Internationally Wrongful Acts


13.2 Time Frames for Succession to International Responsibility


13.3 Theoretical Foundations of Succession to International Responsibility




14 Types of State Succession to International Responsibility

14.1 Fictitious Succession to International Responsibility


14.2 Real Succession to International Responsibility




15 Conclusions




Literature


Index