Chapter

Critical Diagnostics

Matthew Craven

in The Decolonization of International Law

Published in print December 2007 | ISBN: 9780199217625
Published online January 2009 | e-ISBN: 9780191705410 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199217625.003.0002

Series: Oxford Monographs in International Law

 Critical Diagnostics

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This chapter begins with a brief history of the idea of succession, laying out the changing shape of legal discourse in the period prior to the project of codification in the 1960s. It then examines several features of the discourse as it developed during that time to identify the main theoretical, conceptual, and analytical ‘moves’ that have assisted in the formation of this particular field of international law, with a view to bringing to the forefront some of the quandaries that have tended to be ill-articulated in mainstream accounts. Some of the general ‘themes’ that appear to underpin approaches to the question of succession are discussed such as the differentiation between ‘de iure’ and ‘de facto’ succession and between ‘state continuity’ and ‘state succession’.

Keywords: State succession; Bosnia-Herzegovina; Serbia-Montenegro; continuity; territorial sovereignty; Vienna Convention

Chapter.  50321 words. 

Subjects: Public International Law

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