State succession represents one of the possible paths to statelessness and, in particular, it may lead to collective statelessness, which results when mass denationalization is used as a weapon by states seeking to assert their power over a territory and a population. This is the reason why, especially since the 1990s, the matter has attracted considerable attention at the international level. This chapter examines the outcomes of this increased attention, and whether it can have any meaningful impact on the avoidance of statelessness in the context of state succession. Preliminarily, the chapter gives an overview of the international legal framework on statelessness and its evolution. Subsequently, it focuses on statelessness in the context of state succession and takes into account some attempts to codify international law rules on the matter. The analysis pays particular attention to the emergence of a set of principles that represents the backbone of these codification attempts, going beyond the traditional idea according to which these matters are within states’ exclusive competence and imposing greater respect for individual rights. Furthermore, this chapter looks at the attempts to better define the responsibilities of concerned states in ensuring full adherence to these principles. Lastly, as a way of conclusion, the chapter seeks to assess the impact of these instruments.
Statelessness in the Context of State Succession. An Appraisal Under International Law
COSTAMAGNA, Francesco
2013-01-01
Abstract
State succession represents one of the possible paths to statelessness and, in particular, it may lead to collective statelessness, which results when mass denationalization is used as a weapon by states seeking to assert their power over a territory and a population. This is the reason why, especially since the 1990s, the matter has attracted considerable attention at the international level. This chapter examines the outcomes of this increased attention, and whether it can have any meaningful impact on the avoidance of statelessness in the context of state succession. Preliminarily, the chapter gives an overview of the international legal framework on statelessness and its evolution. Subsequently, it focuses on statelessness in the context of state succession and takes into account some attempts to codify international law rules on the matter. The analysis pays particular attention to the emergence of a set of principles that represents the backbone of these codification attempts, going beyond the traditional idea according to which these matters are within states’ exclusive competence and imposing greater respect for individual rights. Furthermore, this chapter looks at the attempts to better define the responsibilities of concerned states in ensuring full adherence to these principles. Lastly, as a way of conclusion, the chapter seeks to assess the impact of these instruments.
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