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Point of

Principle of tabula rasa Principle of continuity


comparison
A new state does not succeed to
Concept the treaties to which the There is a succession to such treaties
predecessor state was a party
For state practice, not right to self
To protect Newly Independent
Basis of ILC to determination
States’ right to self-
adopt the rule
determination
 
Only applies when both the Newly
Automatically applies to Newly
Independent State and the ‘other State
Independent States
party’ have expressly agreed that the
‘original treaty’ continues to be in force
Applicability  
after the independence
Applicable to both bilateral and
Applicable to both bilateral and
multilateral treaties
multilateral treaties
Applicability to The rule of tabula rasa applies to
The principle of continuity of treaties
cases of state cases of secession and
applies to all cases of secession
extinction dissolution
Principle adopted based on the
requirement that both states ILC is completely silent on why the
concerned must consent for a principle of automatic continuity should
Application to
treaty to continue to be in force apply to bilateral treaties in cases of
bilateral treaties
after independence dissolution and secession; Omission is
unexplainable
 

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