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The Essence of principle of clean Slate in the succession of States in respect of Treaties | ||
| AL- Mouhakiq Al-Hilly Journal for legal and political science | ||
| Article 1, Volume 9, Issue 4, 2017, Pages 179-216 | ||
| Authors | ||
| Dr. Teiba Jawad Hamad Al-Mukhtar; Baqer AbdulKadhim Ali Al-kraawi | ||
| Abstract | ||
| The principle of the (clean slate) is one of the principles governing the succession of States in respect of Treaties, provided for in Article 16 of the Vienna Convention on Succession of States in Respect of Treaties of 1978 and determined the scope of application of the principle according to this article the newly independent states of colonialism without the other new states arise from the separation with the survival of the predecessor State, or the demise of the predecessor State in the case of solving the state, according to this principle, it proceeds to the newly independent state of international life free from the obligations contained in the treaties concluded by the predecessor State relating to the province of new state back. (clean slate) theory has appeared in a succession of States in the late nineteenth century as a result of the impact of the dispute idiosyncratic about the voluntary and compulsory or voluntary approaches and the inevitable in-law, It ensue to understand that the law is the product of expression of the sovereignty of the state, which embodies this point of view, which says that the legal relations is a personal fundamentally. The principle of the (clean slate) is firm principle in international transactions being based on a fixed legal grounds represent a peremptory rules of law cannot be violated, including that of the newly independent states such as the right of peoples to self-determination and the principle of equality among States, including with regard to the legal nature of the treaties which (pacta sunt servanda) rule and the principle of the relative effect of treaties. Full two exceptions to this principle, provided them articles (11.12) of the Convention relating to Article 11 treaties established systems to the international border, while Article 12 established treaties and other regional systems relate. | ||
| Keywords | ||
| The Essence of principle; clean Slate; succession of States; espect of Treaties | ||
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