State succession to international responsibility: A critical analysis of the modern succession theory based on the general principles of law

Abstract

Within earlier doctrine, State succession to international responsibility was marked by a conflict between the ‘universal succession’ and ‘non-succession’ theories, the latter being prevalent. In the 20th century, the principle of non-succession engaged in a new confrontation, this time with a succession approach based on the general principles of law. A considerable number of theorists started to reject the traditional non-succession theory and developed a new perspective arguing that the issue had to be analyzed considering the general principles of law, namely the concepts of acquired rights and unjust enrichment. This paper discusses the appropriateness of these concepts with respect to the law of State succession to international responsibility from a theoretical perspective. © 2019 Elsevier B.V., All rights reserved.