Successions of States: The French Approach

• Author: Evelyne Lagrange
• Position: Professor, University of Rennes (France)
• Pages: 1183-1185

Page 1183

This is an abstract from Les successions d'Etats : pratiques franÁaises. The authenticity of this article was ascertained only by the author.

Professor, University of Rennes (France).

All territorial transfers do not necessarily lead to a State succeeding another State. When there is such a succession, it amounts to the substitution of one sovereignty for another within the boundaries of a territory. France's practice as 'transferor' state or as 'successor' state is somewhat unsettled.

I France's Practice As A 'Successor' State

A Succession Following The Transfer Of Part Of A Territory From An Existing State

1. Modalities Of The Territorial Transfer

Possible methods include incorporation of the transferred territory into the national territory by voluntary transfer (gratuitous or onerous) or forced transfer (usually by Treaties, for example, Versailles).

2. Legal Regime Of The Succession

Under French law, rights acquired by individuals under the prior sovereign are to be recognized as vested. However, this principle cannot always prevail over the principle of sovereignty; vested rights must be exercised within the framework of the law now governing.

B Succession Following The Complete...