Introduction

Instances of secession have in the past constituted the most important cases of State succession, ranging from the secession of the United States of America to the secession of Eritrea from Ethiopia in 1994. Still it remains doubtful whether and, if so, to what extent specific rules of State succession have developed with regard to cases of secession, and further, whether and, if so, how, situations of secession can be distinguished from other cases of separation or dismemberment.

Finally, one might wonder whether it is relevant for the purposes of State succession whether or not the secession took place in conformity with international law. It is against this background that this chapter will try to analyse what rules of State succession do indeed apply in situations of secession with regard to treaties, debts and property and finally the nationality of natural persons. Before doing so, however, one has first briefly to define the notion of State succession itself.

General issues

Defining State succession with regard to situations of secession

It seems that in recent times a consensus has emerged as to what the term ‘State succession’ encompasses, i.e., ‘the replacement of one State by another in the responsibility for the international relations of territory’.