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مبدا الصحيفة البيضاء في خلافة الدول في المعاهدات == The Principle Of Tabula Rasa In The Succession Of States In Treaties
Author name:
باقر عبد الكاظم علي الكرعاوي
Supervisor name:
طيبة جواد حمد المختار
General topic:
Law
Specific topic:
Public International Law
Degree:
Doctorate
University:
University of Babylon - Faculty Of Law - Department Of Public Law
Language:
Arabic
University location:
Babylon
First pages:
13T1562 - p.pdf
Abstract:
The principle of Tabula Rasa (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 in 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.The principle of Tabula Rasa (clean slate) on a fixed legal grounds represent a peremptory rules can not 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.The world is very influenced by the political geography and the succession of States, so it need to know when and how to prevent legal liabilities of the predecessor State to the successor State. However very great importance Given to the study of international law regarding the succession of states, and has become the forefront of research, in order to give solutions to international problems resulting from a succession of States, which was still under discussion and disagreement.The subject of a succession of States is not to agree on a uniform international rules that can be applied by States in relation to the succession of States on treaties, because the practice of States in respect of succession is not coherent or cohesive logical, albeit mostly determined by political considerations, not legal, and then develop solutions to the problems of succession on the basis of special agreements.The Vienna Convention on Succession of States in Respect of Treaties of 1978, the distinction between "newly independent states" emerging from decolonization, and other new states is emerging from decolonization, which approved the application of the principle of Tabula Rasa ( clean slate) on the newly independent states, which are thus automatically lack of commitment treaties concluded by the predecessor State (colonial). While this principle does not apply to other new states of separate states it is the colony even though they are all modern states.The previous international practices steady, confirms that the principle of the Tabula Rasa (clean slate) has been applied in cases of separation of Independent States and countries from colonialism, while we see that the article (16), has failed to apply this principle to the newly independent States of colonialism without the separate states.That none of the articles (2) Paragraph (1 / f) or Article 16 of the Vienna Convention for the succession of treaties of 1978, does not refer directly to determine the Newly Independent States to decolonization historical phenomenon. As with any codification of the practices of the process, but put provisions general and abstract terms can be applied to any reality to the change of sovereignty. Search section to the front then the door will look at the first chapter of what the principle of Tabula Rasa ( clean slate) and divide into two chapters look at the first concept of the principle of Tabula Rasa (clean slate) and look at the second chapter the legal foundations the principle of Tabula Rasa (clean slate) The second section we will look the scope of application of the principle of Tabula Rasa (clean slate), and divide into two dedicate the first chapter to discuss the principle of Tabula Rasa (clean slate) personal scale and be described in the second chapter the physical extent of the principle of Tabula Rasa clean slate. Then we included the most important conclusion of the findings and recommendations, which concluded the research
