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