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Succession of States

Published online by Cambridge University Press:  27 February 2017

Francis Deák
Francis Deák*
Affiliation:
Columbia University School of Law
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Type
Second Session
Information
Proceedings of the American Society of International Law at its annual meeting (1921-1969) , Volume 24 , 1930 , pp. 51 - 63
Copyright
Copyright © American Society of International Law 1930

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References

1 Publications of the Permanent Court of International Justice, Series B, No. 6 (hereinafter referred to as Advisory Opinion No. 6).

2 Publications of the Permanent Court of International Justice, Series B, No. 6 (hereinafter referred to as Advisory Opinion No. 6).

3 Questions of state succession were raised before the court also in the 5th Judgment concerning the Mavrommatis Palestine concessions, rendered on March 26, 1925, in which case the obligations of Great Britain as successor of Turkey, through her mandate over the former Turkish province of Palestine, were involved. It seems, however, that in that case the decision depended more on certain obligations undertaken by the mandatory under the terms of the mandate and on the provisions of a treaty specifically designed to maintain rights acquired under concessions, than on the law of state succession. The consideration of the Mavrommatis case can therefore be conveniently left out of this study.

4 “Powers to which German territory is ceded shall acquire all property and possessions situated therein belonging to the German Empire or to the German States and the value of such acquisitions shall be fixed by the Reparations Commission and paid by the State acquiring the territory to the Reparations Commission for the credit of the German Government on account of the sums due for reparations. For the purposes of this Article the property and possessions of the German Empire and States shall be deemed to include all the property of the crown, the Empire or the States, and the private property of the former German Emperor and other royal personages.”

5 Adv. Op. No. 6, p. 33.

6 Ibid., p. 35.

7 Ibid., p. 26.

8 Adv. Op. No. 6, pp. 39-40.

9 Ibid., pp. 42-43.

10 Ibid., p. 35.

11 Adv. Op. No. 6, p. 36.

12 Ibid., p. 38.

13 Ibid., p. 33.

14 Ibid., p. 26.

15 Adv. Op. No. 6, p. 28.

16 Judgment No. 7, p. 25.

17 Judgment No. 7, p. 29.

18 id., p. 30.

19 Ibid., p. 38.

20 Judgment No. 7, p. 39

21 Ibid., p. 40.

22 Ibid., p. 41

23 Advisory Opinion No. 6, p. 36.