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The Decolonization of International Law

State Succession and the Law of Treaties

Matthew Craven (Professor of International Law, School of Oriental and African Studies, University of London)

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English
Oxford University Press
19 December 2007
The issue of state succession continues to be a vital and complex focal point for public international lawyers, yet it has remained strangely resistant to effective articulation. The formative period in this respect was that of decolonization which marked for many the time when international law came of age and when the promises of the UN Charter would be realized in an international community of sovereign peoples. Throughout the 1990s a series of territorial adjustments placed succession once again at the centre of international legal practice, in new contexts that went beyond the traditional model of decolonization: the disintegration of the Soviet Union, Yugoslavia, and Czechoslovakia, and the unifications of Germany and Yemen brought to light the fundamentally unresolved character of issues within the law of succession.

Why have attempts to codify the practice of succession met with so little success? Why has succession remained so problematic a feature of international law? This book argues that the answers to these questions lie in the political backdrop of decolonization and self-determination, and that the tensions and ambiguities that run throughout the law of succession can only be understood by looking at the historical relationship between discourses on state succession, decolonization, and imperialism within the framework of international law.
By:  
Imprint:   Oxford University Press
Country of Publication:   United Kingdom
Dimensions:   Height: 241mm,  Width: 163mm,  Spine: 24mm
Weight:   602g
ISBN:   9780199217625
ISBN 10:   0199217629
Series:   Oxford Monographs in International Law
Pages:   306
Publication Date:  
Audience:   Professional and scholarly ,  Undergraduate
Format:   Hardback
Publisher's Status:   Active
Introduction Part One: Critical Diagnostics 1: What's Wrong with State Succession? 2: A Brief History 3: Succession, Identity and Continuity 4: The Ends of Succession Part Two: Codification and Decolonization 5: The Move to Codification 6: Initial Positions A) The ILC Sub-Committee B) The ILA 7: The Waldock Reports A) From Contract to Status B) New States C) Residual Categories D) Real Treaties 8: Final Moves: The Vienna Conference Part Three: New Beginnings, New Ends 9: Beyond Decolonization: 1989 - 10: The Perils of Formalism 11: Treaty Continuity 12: Being Pragmatic? Conclusion

Matthew Craven is Professor of International Law, School of Oriental and African Studies, University of London

Reviews for The Decolonization of International Law: State Succession and the Law of Treaties

Matthew Craven's excellent study...does succeed very well in demonstrating the tensions in international law laid bare by the post-war process of decolonization (and therefore hidden by imperialism), and it should...come as no surprise that those tensions played out in particular in the body of law dealing with the consequences of decolonization: the law on state succession... an incisive analysis of state succession and academic debates on the topic, the work is unparalleled...Matthew Craven is capable of writing with a keen eye for black letter detail but also of seeing bigger theoretical pictures. Jan Klabbers, Finnish Yearbook of International Law (Vol XVIII)


  • Winner of Winner of the Inaugural European Society of International Law Book Prize 2008.

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