Suchergebnisse

It is sometimes stated that the question of state succession to treaties is a question more of treaty interpretation than of the existence or otherwise of general rules of law concerning the fate of treaties upon change of sovereignty. In general terms the proposition is true: a customary rule favoring or negativing devolution would tend to be either excessively comprehensive or excessively restrictive with respect to the category of treaties whose fate is in issue. Many treaties, upon interpretation, might be found to be inapplicable under the new circumstances, while many others might be deliberately drafted in anticipation of a change of sovereignty, and might incorporate a clause providing for the solution of the problem. A study of concrete issues is thus, generally, more instructive in determining the effect of change of sovereignty upon treaties than is the enunciation of general principles of succession.

The question of recognition of the Central People's Republic of China, and the withdrawal of recognition of the Nationalist regime in Formosa, is from time to time a matter of moment in the internal politics of certain of the Pacific nations. Few of the proponents of recognition would advocate handing Formosa to the mainland government; they would prefer the island to be internationalized, neutralized, or made independent under United Nations auspices and guarantee. In the policy discussions on the question, various views of the legal competence of the Allies or of the United Nations to dispose of Formosa have been advanced. It is the purpose of this paper to examine these views in turn and indicate on which view the question of Formosa's future can be severed from the question of recognition.