State Succession to Bilateral Treaties: A Few Observations on the Incoherent and Unjustifiable Solution Adopted For Secession and Dissolution of States Under the 1978 Vienna Convention
Bibliographic record
Abstract
This article examines the question of state succession to bilateral treaties. It analyses the work of the International Law Commission undertaken in the 1970s and criticizes the solutions it has adopted in the 1978 Vienna Convention on Succession of States in Respect of Treaties for different types of state succession. I will argue that it is incoherent for the ILC to apply, on the one hand, the solution of automatic continuity for bilateral treaties in the context of secession and dissolution of states, while adopting, on the other hand, the solution of tabula rasa for Newly Independent States. In any event, it is plainly unjustifiable to apply the principle of automatic continuity to bilateral treaties. Thus, while the tabula rasa principle was adopted by the ILC for multilateral treaties to protect Newly Independent States’ right to self-determination, the same solution was chosen for bilateral treaties for different reasons. The rule of tabula rasa was adopted because of the particular nature of bilateral treaties and the basic requirement that the other party to an original treaty must consent to the continuation of that treaty with a Newly Independent State. There are simply no logical reasons as to why the tabula rasa principle adopted for Newly Independent States should not also find application for all new states. Bilateral treaties do not automatically continue to be in force as of the date of succession unless both states that are implicated explicitly (or tacitly) agree to such a continuation.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.018 | 0.030 |
| Meta-epidemiology (narrow) | 0.001 | 0.001 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.001 | 0.002 |
| Science and technology studies | 0.008 | 0.021 |
| Scholarly communication | 0.008 | 0.010 |
| Open science | 0.003 | 0.008 |
| Research integrity | 0.009 | 0.022 |
| Insufficient payload (model declined to judge) | 0.004 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".