What is the International Law of State Succession?

State succession is an international law principle that determines how and when a state (country) ceases to exist, and how its assets and international obligations are passed on to another sovereign state. It is particularly relevant in cases of secession, merger, annexation or cession. In New Mexico, state succession is governed by the Vienna Convention on Succession of States in Respect of Treaties. This treaty, which was adopted in 1978, recognizes the right of individual states to freely choose their own form of government, as well as the obligation of successor states to uphold the international obligations of the predecessor state. In terms of its application to New Mexico, state succession plays an important role in the accession of territories to the state. For example, in the case of the Mexican Cession of 1848, New Mexico was granted the right to inherit all Mexican treaty obligations with regard to the land ceded to the United States. In addition, state succession also plays a role in the resolution of international disputes. For example, in the event that parties to an international dispute disagree on their respective rights, the state who assumes the legacy of the other state involved in the dispute may be called upon to mediate in order to resolve the issue. This is an area of international law where arbitration or adjudication may also be used. In short, state succession is an important aspect of international law that impacts New Mexico specifically, as well as the entire international community. It offers a framework for determining how international obligations will continue in the event of changes in the form of government of individual countries, as well as a means of resolving international disputes.

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What is the International Law of State Succession?

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