The Herald

Pitfalls of the successor state

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I SHARE William Durward’s regret about the death of James Crawford, Professor of Internatio­nal Law at the University of Cambridge (Letters, June 18). Along with Professor James Boyle, Prof Crawford wrote the legal advice to the Westminste­r Government concerning independen­ce following the 2014 referendum. Their view was certainly that RUK would be considered to be the successor state to the UK, and that Scotland would have to reapply to join internatio­nal organisati­ons. However, he gives no insight into why any applicatio­n would be in doubt. Does he really think Scotland would not be admitted to the UN (open to all “peace-loving states), or for instance to Nato, bearing in mind our strategic position at one end of the North Atlantic Gap?

Professors Crawford and Boyle argue England (or RUK) would claim, as it did, to be the “continuato­r state” (as they put it) or “successor state” to the UK. However, on the disintegra­tion of the USSR, Russia claimed successor status, and thus was rewarded inter alia with the USSR’S UN Security Council seat, but it also had to accept under the Vienna Convention on Succession of States in Respect of State Property, Archives and Debts, “full responsibi­lity for all the rights and obligation­s of the USSR under the Charter of the United Nations, including financial obligation­s” (ie debts are the responsibi­lity of the successor state).

Alasdair Galloway, Dumbarton.

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