Succession and Membership in International Organisations

State succession may raise an important question concerning the membership of the predecessor State in international organisations. When one State is replaced by another, or when a State separates, dissolves or unifies, it must be determined whether the successor State automatically inherits the predecessor’s membership or whether it must apply for membership separately.

There is no universal rule of automatic succession to membership. The answer generally depends upon the constitutional rules of the particular international organisation, the nature of the succession, and the practice of the organisation and its members.

Meaning of Membership in International Organisations

Membership in an international organisation is the legal relationship between a State and an organisation established under its constituent instrument.

Membership may provide:

• participation in the organisation;
• voting rights;
• representation;
• access to institutional procedures;
• rights under the organisation’s constituent instrument;
• corresponding obligations.

When State succession occurs, the question is whether these rights and obligations continue with the successor State.

State Succession and Membership

The basic question is:

Does the successor State automatically inherit the membership of the predecessor State?

The answer is generally no automatic rule applies to every case.

The position depends upon:

• the type of succession;
• whether the predecessor State continues to exist;
• the constitutional rules of the organisation;
• decisions of the organisation;
• acceptance by existing members;
• the circumstances surrounding the succession.

Continuity of State

The question is particularly important where one State claims to be the continuing State.

If a State is regarded as continuing the international legal personality of the predecessor State, it may continue its membership in an international organisation.

The classic example is the position of the Russian Federation following the dissolution of the Soviet Union, particularly in relation to the United Nations.

Succession to Membership

Where the predecessor State ceases to exist and new States emerge, the new States are generally not automatically treated as members merely because they succeeded to the predecessor State’s territory.

They may have to:

• apply for membership;
• satisfy the organisation’s membership requirements;
• obtain the necessary institutional approval.

Thus:

State succession ≠ Automatic succession to organisational membership

Dissolution of a State

Dissolution creates particularly difficult membership questions.

For example:

State A → Ceases to exist

↓

State B + State C + State D

The question becomes whether:

• one successor State continues the predecessor’s membership;
• all successor States inherit membership;
• none automatically inherits membership.

The answer depends upon the organisation and the circumstances.

Secession

In cases of secession, the original State normally continues to exist.

The continuing State may therefore retain its existing membership in international organisations.

The newly emerging State generally has to establish its own membership according to the rules of the organisation.

Example of Secession

Suppose:

State A = Existing member

↓

Territory separates

↓

State B = New State

If State A continues to exist, State A may retain its membership, while State B may need to apply separately.

This demonstrates the importance of distinguishing continuity from succession.

Unification of States

Where two States unite, the membership position depends upon the legal structure of the unification.

Possible situations include:

• one State continues while the other is absorbed;
• a completely new State emerges;
• the constituent States cease to exist;
• the organisation adopts a specific approach to membership.

The organisation’s constituent instrument and practice are therefore important.

Transfer of Territory

A simple transfer of territory does not normally result in automatic transfer of membership in an international organisation.

The State receiving the territory is already a State and its membership generally remains governed by its existing status.

The predecessor State also continues unless the territorial change results in its extinction.

Decolonisation

Decolonisation created numerous questions concerning membership in international organisations.

When a colonial territory became an independent State, the new State generally did not simply inherit all international organisation memberships of the colonial power.

The newly independent State could seek membership according to the constitutional rules of the relevant organisation.

Membership and United Nations

The United Nations provides an important example of the distinction between continuity and succession.

Under the UN Charter, membership is governed by the Charter’s own rules.

A State seeking admission must satisfy the requirements for membership and obtain the required institutional approval.

Therefore, a newly created State does not automatically become a UN member merely because it emerged from a State that was previously a member.

Soviet Union and Russian Federation

The dissolution of the Soviet Union provides one of the most important examples.

Following the dissolution of the Soviet Union in 1991, the Russian Federation continued the Soviet Union’s seat on the UN Security Council, including its permanent seat.

The other former Soviet republics became independent States and did not simply inherit the Soviet Union’s UN membership.

This situation illustrates the importance of continuity of international legal personality rather than treating every successor State as automatically inheriting the predecessor’s membership.

Yugoslavia

The dissolution of Yugoslavia produced a different and highly contested situation.

The question arose concerning whether the Federal Republic of Yugoslavia could automatically continue the membership of the former Socialist Federal Republic of Yugoslavia.

The United Nations did not accept the claim of automatic continuation in the same manner as the Russian Federation’s position following the Soviet dissolution.

The Federal Republic of Yugoslavia was subsequently required to seek admission to the United Nations.

This demonstrates that the treatment of succession to membership may differ between cases.

Czechoslovakia

When Czechoslovakia dissolved in 1993:

• Czechoslovakia ceased to exist;
• the Czech Republic emerged;
• Slovakia emerged.

Neither successor State simply continued Czechoslovakia’s international organisation memberships automatically.

Both became separate States and established their membership according to the relevant institutional procedures.

Membership and International Organisations Other Than the UN

The principle applies beyond the United Nations.

Questions may arise concerning membership in:

• regional organisations;
• economic organisations;
• financial institutions;
• specialised agencies;
• security organisations;
• international courts and tribunals.

Each organisation may have its own constitutional rules concerning:

• admission;
• succession;
• withdrawal;
• continuation;
• voting rights.

Constituent Instrument of the Organisation

The constituent instrument is particularly important.

For example, the organisation’s founding treaty may specify:

• who may become a member;
• conditions for admission;
• procedures for membership;
• voting requirements;
• consequences of State succession.

Therefore, the succession question cannot be answered solely by applying general State succession principles.

Practice of the Organisation

The actual practice of the organisation may also be important.

Where the constituent instrument does not clearly resolve the question, the organisation and its members may determine how succession is treated.

Relevant factors may include:

• previous practice;
• institutional decisions;
• recognition of continuity;
• conduct of member States.

Continuing State vs Successor State

The distinction can be summarised as:

Continuing State

The State retains the international legal personality of the predecessor.

It may therefore continue existing memberships.

Successor State

A new international legal person emerges.

It may need to obtain membership independently.

Membership Rights and Obligations

Membership involves both rights and obligations.

A successor State cannot necessarily claim:

• voting rights;
• representation;
• financial rights;
• institutional privileges;

merely because the predecessor State previously possessed them.

The organisation must determine the successor’s status under its applicable rules.

International Financial Organisations

Special issues may arise in institutions such as international financial organisations.

Questions may concern:

• financial contributions;
• voting shares;
• quotas;
• loans;
• outstanding obligations;
• membership rights.

These matters may be governed by the institution’s constituent agreement and specific succession arrangements.

International Courts and Tribunals

Membership or participation in international judicial institutions may also require separate consideration.

A successor State may not automatically inherit:

• treaty-based jurisdiction;
• declarations accepting compulsory jurisdiction;
• procedural rights;
• institutional membership.

The relevant treaty or constituent instrument must be examined.

Succession and Treaty Obligations

Membership in an international organisation is usually based on a constituent treaty.

However, membership succession should not simply be treated as ordinary treaty succession.

The organisation has an institutional structure and its own membership rules.

Therefore:

Succession to treaties ≠ Automatically succession to organisational membership

Recognition and Membership

Recognition of a State is also different from membership.

Recognition

Concerns acceptance of the State’s international status by another State.

Membership

Concerns the State’s participation in a particular international organisation.

A State may be recognised by many States but not yet be a member of a particular organisation.

State Succession and Voting Rights

Voting rights generally belong to the member State.

If a successor State does not automatically succeed to membership, it cannot necessarily exercise the predecessor State’s voting rights.

This is particularly significant in organisations where voting power is connected with:

• membership;
• financial contributions;
• institutional status.

State Succession and International Organisation Property

Membership succession should also be distinguished from succession to property.

An international organisation’s assets are generally not simply State property belonging to the predecessor State.

The organisation possesses its own legal personality and property under its constituent framework.

Common Confusions

Does every successor State automatically become a member of the predecessor’s organisations?

No.

Does a continuing State retain membership?

Generally, where the State is accepted as continuing the predecessor’s legal personality, its existing memberships may continue.

Does secession automatically transfer membership to the new State?

No. The continuing State may retain membership while the newly created State may need to apply separately.

Does dissolution automatically transfer membership to all successor States?

No.

Does recognition automatically result in membership?

No. Membership depends upon the organisation’s rules.

Does membership automatically follow treaty succession?

No. Membership is governed by the constituent instrument and institutional practice.

Is UN membership the same as State recognition?

No. They are separate legal concepts.

Topic at a Glance

Situation	General Position
Continuing State	May retain predecessor’s membership
Secession	Continuing State may retain membership; new State may need separate admission
Dissolution	Successor States generally do not automatically inherit membership
Unification	Depends upon legal structure and organisational rules
Transfer of territory	Does not normally transfer membership
Decolonisation	New State generally establishes membership separately
International organisations	Constituent instrument and practice are decisive
UN membership	Governed by UN Charter and institutional practice
Recognition	Distinct from membership

Quick Revision

• State succession may raise questions concerning membership in international organisations.
• There is no universal rule of automatic succession to membership.
• The principal factors are:
  • type of State succession;
  • continuity of State personality;
  • constituent instrument;
  • practice of the organisation;
  • decisions of its members.
• A continuing State may retain the predecessor’s membership.
• A newly created successor State generally does not automatically inherit membership.
• In secession, the continuing State may retain membership while the new State seeks separate membership.
• In dissolution, successor States generally need to establish their membership independently.
• Decolonisation generally results in newly independent States establishing their own membership.
• The Soviet Union–Russian Federation situation illustrates continuity in relation to the UN Security Council seat.
• The dissolution of Yugoslavia demonstrates that claims of automatic continuity may not be accepted by an international organisation.
• The dissolution of Czechoslovakia illustrates separate membership of successor States.
• Membership in international organisations is governed substantially by the organisation’s constituent instrument and institutional practice.
• Membership is different from recognition.
• Succession to membership is different from ordinary succession to treaties.
• The essential principle is:

State succession does not automatically result in succession to membership in international organisations; the question depends primarily upon continuity of State personality and the constitutional rules and practice of the organisation.

Conclusion

Succession and membership in international organisations involve determining whether a State emerging from State succession can continue or acquire the membership previously held by the predecessor State. There is no general rule under which every successor State automatically inherits the predecessor’s memberships. Where a State is regarded as the continuing State, it may retain existing memberships, while newly created States generally have to establish membership according to the rules of the relevant organisation. Secession, dissolution, unification and decolonisation may therefore produce different results. The constituent instrument of the organisation, institutional practice and decisions of existing members are particularly important. The treatment of the Soviet Union and Russian Federation, Yugoslavia and Czechoslovakia demonstrates that continuity and succession must be carefully distinguished. Ultimately, membership in an international organisation is an institutional legal relationship and cannot be determined solely by applying general rules of State succession.