A 1 no state can intervene or complain in behalf of

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Unformatted text preview: lso of further alterations to the demographic composition of the Occupied Palestinian Territory resulting from the construction of the wall as it is contributing to the departure of Palestinian population from certain areas. That construction, along with measures taken previously, thus severely impedes the exercise by the Palestinian people of its right to self‐determination, and is therefore a breach of Israel’s obligation to respect that right. (ICJ Advisory Opinion on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory, July 4, 2004) Q: What is the principle of state continuity? A:It states that the disappearance of any of the elements of statehood would cause the extinction of the State, but mere changes as to one or more of the elements would not necessarily, as a rule, bring about such extinction. Despite such changes, the State continues to be an international person. Q: Discuss the rules on succession of States. A: 1. As to territory – The capacities, rights and duties of the Predecessor State with respect to that territory terminate and are assumed by the successor State. 2. As to State property – The agreement between the predecessor and the successor State govern; otherwise: a. Where a part of the territory of a State becomes part of the territory of another State, property of the predecessor State located in that territory passes to the successor State. b. Where a State is absorbed by another State, property of the absorbed State, wherever located, passes to the absorbing State. c. Where a part of a State becomes a separate State, property of the predecessor State located in the territory of the new State passes to the new State. 234 3. As to public debts ‐ Agreement between predecessor and successor State govern; otherwise: a. Where a part of the territory of a State becomes part of the territory of another State, local public debt and the rights and obligations of the predecessor State under contracts relating to t...
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This document was uploaded on 03/12/2014.

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