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ST/LEG/SER.B/ 14 105< MATERIALS ON SUCCESSION 0ESTATES Serie legislative des Nations Unies DOCUMENTATION CONCERNANT LA SUCCESSION D'ETATS UNITED NATIONS NATIONS UNIES (XJ /p.) I mled N at ions Legislative Series MATERIALS ON SUCCESSION OF STATES III Serie legislative des Nations Unies DOCUMENTATION CONCERNANT LA SUCCESSION D'ETATS UNITED NATIONS NATIONS UNIES New York, 1967 ST/LEG/SER.B/14 UNITED NATIONS PUBLICATION Sales Number: E/F.68. V. 5 Price: S U.S. 3.50 (or equivalent in other currencies) PUBLICATION DES NATIONS UNIES Nume'ro de vente: E/F.68. V. 5 Prix: 3,50 dollars des Etats-Unis (ou l'equivalent en monnaie du pays) iii INTRODUCTION The International Law Commission, at its fourteenth session held in 1962, included the "Succession of States and Governments" on its priority list of topics for codification and progressive development as re­ commended by the General Assembly in resolution 1686 (XVI) of 18 December 1961. For the use of the International Law Commission in its work on the topic and, in particular, to facilitate the task of the Special Rapporteur or Rapporteurs who might be eventually appointed, it was decided to collect legal materials relating to the existing practice of States on the matter. By circular notes dated 21 June and 27 July 1962 and 15 July 1963, the Secretary-General invited Governments of Member States to transmit to him the texts of any treaties, laws, decrees, regulations, decisions of national courts and copies of diplomatic correspondence, concerning the process of succession as it affects States which have at­ tained their independence since the Second World War. The present volume of the United Nations Legislative Series, prepared by the Codification Division of the Office of Legal Affairs of the Secretariat of the United Nations, contains the relevant materials provided or in­ dicated by Governments in response to the request addressed to them by the Secretary-General. No material has been added to that supplied or mentioned by Governments. The materials consist of the texts of treaty provisions, unilateral declarations, laws and decrees, decisions of national courts and copies of diplomatic correspondence, as well as in­ formation in the form of observations, notes, summaries or excerpts, which have a direct bearing on the process of State succession. The materials are reproduced in English or French; where the original ver­ sion was in a language other than English or French it has been trans­ lated into English. The materials are presented under the name of the country of the replying Government, countries' names being listed in alphabetical order. The material under each country's name is divided in five sections under the following headings: "Observations", "Treaties", "Declara­ tions", "Laws and Decrees", "Decisions of National Courts" and "Diplomatic Correspondence". Within sections and subsections the material has so far as possible been arranged chronologically. The section "Treaties" includes the texts of treaty provisions and of unilateral declarations made by new States in relation to treaties applied to their territories prior to independence, as well as notes on practice concerning State succession to treaty rights and obligations. Statements of policy by States on succession matters are grouped under "Declarations". The section "Decisions of National Courts" contains, either the full texts of judgments, or summaries of, notes on, or extracts from, the decisions of national courts. iv A detailed table of contents and an index, prepared by the Secretariat, have been added to help in the consultation of the assembled material. Further references have been given in editorial footnotes and subheadings in brackets where appropriate. INTRODUCTION La Commission du droit international, au cours de sa quatorzieme session tenue en 1962, a inscrit la ((Succession d'Etats et de gouverne- ments » dans la liste de ses travaux prioritaires de codification et de developpement progressif, ainsi qu'il avait ete recommande par l'Assem- blee generale dans sa resolution 1686 (XVI) du 18 decembre 1961. Afin d'aider la Commission du droit international dans les travaux qu'elle doit entreprendre sur cette question et, notamment, pour faciliter la tache du Rapporteur ou des Rapporteurs speciaux qui pourraient etre nommes par la suite, il a ete decide de rassembler de la documenta­ tion de caractere juridique concernant la pratique actuelle des Etats dans ce domaine. Par des notes circulaires en date des 21 juin et 27 juillet 1962, et du 15 juillet 1963, le Secretaire general a prie les Gouver- nements des Etats Membres de lui faire parvenir les textes de tous traites, lois, decrets, reglements, decisions judiciaires internes et des copies de toute correspondance diplomatique ayant trait au processus de la succession interessant les Etats qui ont accede a l'independance apres la deuxieme guerre mondiale. Le present volume de la Serie legislative des Nations Unies, prepare par la Division de la Codification du Service juridique du Secretariat des Nations Unies, contient la documentation pertinente fournie ou indi- quee par les Gouvernements en reponse a l'invitation qui leur avait ete adressee par le Secretaire general. Seule a ete reproduite la documenta­ tion emanant des Gouvernements. II s'agit de dispositions de traites, declarations unilaterales, lois et decrets, decisions judiciaires internes et copies de correspondance diplomatique, ainsi que d'observations, notes, resumes ou extraits ayant directement trait au processus de la succession d'Etats. Cette documentation est publiee soit en anglais soit en frangais; les textes initialement rediges dans une langue autre que l'anglais ou le franpais ont ete traduits en anglais. La documentation est presentee sous le nom du pays du Gouverne- ment qui a envoye la communication, dans l'ordre alphabetique du nom des pays. Elle est repartie pour chaque pays sous les cinq rubriques suivantes: « Observations », « Traites », « Declarations », « Lois et decrets », « Decisions judiciaires internes » et « Correspondance diplomatique ». Dans chaque section et sous-section, la documentation est dans la mesure du possible presentee dans l'ordre chronologique. La section "Traites » reproduit les dispositions de traites et les declarations unilate­ rales faitcs par des Etats nouveaux au sujet de traites dont l'application avait ete etendue a leur territoire avant leur accession a l'independance, ainsi que des notes sur la pratique en matiere de succession d'Etats aux droits et obligations decoulant des traites. Les declarations de principes faites par des Etats sur des questions relatives a la succession ont ete VI reproduites sous la rubrique «Declarations ». La section « Decisions judi- ciaires internes» contient soit le texte integral des jugements, soit des resumes ou extraits de decisions judiciaires internes, ou des notes s'y rapportant. Pour que le volume soit plus aise a consulter, le Secretariat a etabli une table de matieres detaillee et un index. En outre, des renseignements supplementaires ont ete fournis, le cas echeant, dans des notes en bas de page et dans des sous-titres entre crochets. TABLE OF CONTENTS TABLE DES MATIERES INTRODUCTION Afghanistan: A. Observations [The question of succession by Pakistan to British treaty rights and to the Anglo-Afghan Treaty for the establish­ ment of neighbourly relations, signed at Kabul on 22 November 1921 — 1947 Referendum in Pakhtunis- tan — Colonial treaties — Scope of the study on the law of State succession to be undertaken by the Inter­ national Law Commission] B. Treaties Treaty between the Government of Afghanistan and His Britannic Majesty's Government for the establishment of neighbourly relations. Signed at Kabul, on 22 November 1921 Preamble, Articles I, II, XIV and Appendix with letter from the British Representative to Sardar-i-Ala, the Afghan Foreign Minister C. Declarations Statement by the Government of the United Kingdom, 3 June 1947 Paragraphs 11 and 17 D. Laws and Decrees Indian Independence Act, 1947 Argentina: A. Observations [Succession of States in the case of partition of British India — Extradition Treaty of 22 May 1889 between Argentina and the United Kingdom extended to Pakis­ tan by virtue of a new agreement — The question of India's claim to enjoy the benefits of the Treaty of Amity, Commerce and Navigation of 1825 between Argentina and the United Kingdom] B. Treaties Exchange of letters concerning the status as between Argen­ tina and Pakistan of the Anglo-Argentine Extradition Treaty of 22 May 1889. Washington, 23 and 28 December 1953. Australia: A. Treaties Exchange of notes constituting an agreement between the Governments of Australia and the Netherlands (acting on behalf of the Government of Indonesia) concerning the final settlement of claims that have arisen or may in the future arise in relation to facts, matters and things occurring up to and including 31 December 1948. Canberra, 12 August 1949 B. Laws and Decrees Nationality and Citizenship Act, 1948-1960 Sections 7 and 8 Cambodge: Traites 1. Accord (avec echange de lettres) entre le Gouvernement Royal du Cambodge et le Gouvernement de la Republique Frangaise relatif au transfert au Gouvernement Royal du Cambodge des competences et services de police et de surete. Fait a Phnom-Penh, le 29 aout 1953 Articles ler et 2 2. Protocole (avec echange de lettres) entre le Gouvernement Royal du Cambodge et le Gouvernement de la Republique Frangaise relatif au transfet au Gouvernement Royal du Cambodge des competences judiciaires exercees par la France sur le territoire du Royaume. Fait a Phnom-Penh, le 29 aout 1953 Articles ler a 3 et lettres I a VI 3. Convention entre le Gouvernement Royal du Cambodge et le Gouvernement de la Republique Frangaise determinant le statut particulier en matiere judiciaire accorde par le Gouvernement Royal du Cambodge aux nationaux frangais. Fait a Phnom-Penh, le 9 septembre 1953 Articles ler et 2 4. Protocole (avec echange de lettres) entre le Gouvernement Royal du Cambodge et le Gouvernement de la Republique Frangaise relatif au transfert au Gouvernement Royal du Cambodge des competences en matiere militaire.
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