{"title":"关于国家继承的人性基本思考","authors":"A. Augusto, Cançado Trindade","doi":"10.1163/9789004255074_022","DOIUrl":null,"url":null,"abstract":"In historical perspective, the clean slate principle appeared as the most reasonable solution for the newly-emerged independent States within the specific context of decolonization, but State succession has occurred also in other contexts. Hence the complexities which have surrounded the matter in varying contexts and in distinct historical moments. Although the international practice on the matter throughout the nineties does not appear always uniform or wholly conclusive, it does contain, however, significant elements in support of the continuity of conventional obligations pertaining to human rights and humanitarian law, in the context of State succession. It could hardly be denied that nowadays a presumption has arisen in favour of the subsistence of conventional obligations pertaining to the protection of the rights of the human person. This presumption, in turn, discloses the fundamental values shared by the contemporary international community, overriding the \"will\" of individual States.Keywords:conventional obligations; human rights; international community; international law; state succession","PeriodicalId":347946,"journal":{"name":"International Law for Humankind","volume":"31 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2020-02-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Basic Considerations of Humanity in Relation to State Succession\",\"authors\":\"A. Augusto, Cançado Trindade\",\"doi\":\"10.1163/9789004255074_022\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"In historical perspective, the clean slate principle appeared as the most reasonable solution for the newly-emerged independent States within the specific context of decolonization, but State succession has occurred also in other contexts. Hence the complexities which have surrounded the matter in varying contexts and in distinct historical moments. Although the international practice on the matter throughout the nineties does not appear always uniform or wholly conclusive, it does contain, however, significant elements in support of the continuity of conventional obligations pertaining to human rights and humanitarian law, in the context of State succession. It could hardly be denied that nowadays a presumption has arisen in favour of the subsistence of conventional obligations pertaining to the protection of the rights of the human person. This presumption, in turn, discloses the fundamental values shared by the contemporary international community, overriding the \\\"will\\\" of individual States.Keywords:conventional obligations; human rights; international community; international law; state succession\",\"PeriodicalId\":347946,\"journal\":{\"name\":\"International Law for Humankind\",\"volume\":\"31 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2020-02-21\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"International Law for Humankind\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1163/9789004255074_022\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"International Law for Humankind","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1163/9789004255074_022","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
Basic Considerations of Humanity in Relation to State Succession
In historical perspective, the clean slate principle appeared as the most reasonable solution for the newly-emerged independent States within the specific context of decolonization, but State succession has occurred also in other contexts. Hence the complexities which have surrounded the matter in varying contexts and in distinct historical moments. Although the international practice on the matter throughout the nineties does not appear always uniform or wholly conclusive, it does contain, however, significant elements in support of the continuity of conventional obligations pertaining to human rights and humanitarian law, in the context of State succession. It could hardly be denied that nowadays a presumption has arisen in favour of the subsistence of conventional obligations pertaining to the protection of the rights of the human person. This presumption, in turn, discloses the fundamental values shared by the contemporary international community, overriding the "will" of individual States.Keywords:conventional obligations; human rights; international community; international law; state succession