Authored By: Edwongu Lekos Odidi
Uganda Christian University, Mukono
INTRODUCTION
What happened to the British Protectorate’s treaty obligations when it was replaced by the Republic of Uganda on the international plane[1]? The Vienna Conventions on Succession of States submitted that the profound transformation of the international community was brought about by the decolonization process and other factors that may lead to cases of succession of States in the future[2]. Uganda has ratified both Conventions[3].
State succession may affect the binding force of treaties and contracts previously entered into, devolution of nationality upon citizens, ownership of public property and liability for old debts[4]. These circumstances must be dealt with upon acquisition of political sovereignty in States[5]. Political sovereignty may be acquired through decolonization, dismemberment of an existing state, secession, annexation and merger[6].
This article argues that the significance of state succession in Uganda is recognizable. The article proceeds as follows. Section II sets out the existing legal framework. Section III analyses key case law relied upon in the circumstances. Section IV examines framework for reform in the Republic of Uganda.
LEGAL FRAMEWORK
Whether the significance of state succession in Uganda is recognizable in the circumstances?
It is established that succession of States means the replacement of one State by another in the responsibility for the international relations of territory[7].
It is submitted that “State succession itself may be briefly defined as the replacement of one
state by another in the responsibility for the international relations of territory. However, this formulation conceals a host of problems since there is a complex range of situations that stretches from continuity of statehood through succession to non-succession. State succession is essentially an umbrella term for a phenomenon occurring upon a factual change in sovereign authority over a particular territory. In many circumstances it is unclear as to which rights and duties will flow from one authority to the other and upon which precise basis. Much will depend upon the circumstances of the particular case, for example whether what has occurred is a merger of two states to form a new state; the absorption of one state into another, continuing state; a cession of territory from one state to another; secession of part of a state to form a new state; the dissolution or dismemberment of a state to form two or more states, or the establishment of a new state as a result of decolonisation. The role of recognition and acquiescence in this process is especially important.”[8]
In this case, Uganda became independent on 9th October 1962 when the decolonization process was completed. This marked the end of the British Protectorate that claimed Ugandan territory in 1894. Uganda has faced countless hardships to date which have resulted in its continued recognition on the international plane as a third world country.
It is settled that treaties that constitute an international organization must not be prejudiced by the rules concerning acquisition of membership and any other rules set forth[9].
It is provided that the relevant rules of any treaty adopted by international organizations must not be prejudiced[10].
It is submitted that any of the rules subject to the effects of a succession of States under international law must be applied without prejudice[11]. This is only where succession of states occurs after entry into force of this convention or as may be otherwise agreed[12].
It is suggested that a State Party must express consent to be bound by this convention and declare acceptance so that its provisions apply to the effects of State succession as from the date of succession this State[13].
It is observed that a successor state must apply the provisions of this convention provisionally when the succession of the State occurred before its entry into force[14]. The provisions will only be applied provisionally to the effects of State succession based on another signatory State making a declaration of acceptance between the States from the date of succession of States[15].
It is submitted that a declaration of acceptance must be communicated to the depositary who informs the Parties and the States of the notification and of its terms[16]. The notifications should only be in written form[17].
It is settled that State property of the predecessor State refers to property, rights and interests which, at the date of the succession of States, were, according to the internal law of the predecessor State, owned by that State[18].
It is established that the successor State has rights to State property when it passes from the predecessor State whose rights become extinct[19].
It is submitted that State archives of the predecessor State refer to all documents of whatever date and kind, produced or received by the predecessor State in the exercise of its functions which, at the date of the succession of States, belonged to the predecessor State according to its internal law and were preserved by it directly or under its control as archives for whatever purpose[20].
It is provided that the successor State has rights to State Archives when they pass from the predecessor State whose rights become extinct[21].
It submitted that State debt means any financial obligation of a predecessor State arising in conformity with international law towards another State, an international organization or any other subject of international law[22].
It is suggested that the successor State obtains obligations in respect of State debts when they pass from the predecessor State whose obligations become extinct[23].
It is submitted that while the Socialist Federal Republic of Yugoslavia was in the process of dissolution, the state underwent a dismemberment into six states rather than a cessation of different states[24]. This allowed the newly formed states to equally maintain the effects of state succession[25].
The Ratification of Treaties Act[26], section 2(b)(i), stipulates that the Parliament can ratify treaties relating to armistice, neutrality or peace by resolution[27].
It is stated that Parliament has power to make laws governing ratification of treaties, conventions, agreements or other arrangements[28].
Therefore, the Republic of Uganda has ratified various instruments as illustrated above such that each provision on the effects of State succession is accepted.
KEY CASE LAW OR LEGISLATIVE ANALYSIS
The Union of Soviet Socialist Republics (USSR)[29]
Legislative analysis;
The demise of USSR came on 8th December 1991 subject to international law[30]. The aftermath saw states like Russia, Ukraine and Belarus formed[31].
The European Community recognized Russia, Ukraine and Belarus when they agreed to the condition of agreeing to comply with the international obligations of USSR[32]. These ensued from treaties and agreements by the USSR[33].
The Socialist Federal Republic of Yugoslavia (SFRY)[34]
Legislative analysis;
The European Community declared that the four Yugoslav Republics that sought recognition must abide by Lord Carrington’s draft treaty particularly the observance of human rights in Chapter 2[35].
CRITICAL ANALYSIS AND ARGUMENT
The significance of State succession in Uganda has been prompted by the effects involved, specifically the decolonization process. This has led to the recognition of the statehood of Uganda as a successor State to fulfill the rights and obligations of the British Protectorate as a predecessor State in the circumstances.
The Republic of Uganda has not faced any major challenges going forward with abiding by the provisions of the effects of State succession even though it is still of third world status. This has proved that the Republic of Uganda has been internationally recognized as a State because of ensuring to meet each provision in the noted instruments which contains the effects of State succession.
CONCLUSION
The effects of State succession put forth in the noted instruments for a recognized State to keep in check include the binding force of treaties and contracts previously entered into, devolution of nationality upon citizens, ownership of public property and liability for old debts[36]. The question on the significance of state succession in Uganda being recognizable is answered in the affirmative. This is because the purpose for which State succession was put in place was met by the Republic of Uganda as per the enacted Public International Law in the existing legal framework.
BIBLIOGRAPHY AND REFERENCES
Textbooks:
Rebecca M. M. Wallace. (2002). International Law. Fourth Edition.
Malcolm N. Shaw. (2008). International Law. Sixth Edition.
List of cases:
The Union of Soviet Socialist Republics. (USSR).
The Socialist Federal Republic of Yugoslavia. (SFRY).
Legislation:
The 1995 Constitution of Republic of Uganda as amended.
The Ratification of Treaties Act, 1998. Cap. 190. (Uganda).
The Vienna Convention on Succession of States in respect of Treaties, 1978. (United Nations, International Law Commission).
The Vienna Convention on Succession of States in respect of State Property, Archives and Debts, 1983. (United Nations, International Law Commission).
The Arbitration Commission (Badinter Commission). (European Community), 1991.
Secondary Sources:
Roland Rich. 4 EJIL (1993) 36-6. Symposium: Recent Developments in the Practice of State Recognition. Recognition of States: The Collapse of Yugoslavia and the Soviet Union. https://www.ejil.org/pdfs/4/1/1207.pdf (Accessed on 29/03/2026)
[1] Rebecca M. M. Wallace. (2002). International Law. Fourth Edition. State Succession, Page 250.
[2] The Vienna Convention on Succession of States in respect of Treaties, 1978. (United Nations, International Law Commission). Page 2: The Vienna Convention on Succession of States in respect of State Property, Archives and Debts, 1983. (United Nations, International Law Commission). Page 2.
[3] The Ratification of Treaties Act, 1998. Cap. 190. (Uganda). Section 3.
[4] Malcolm N. Shaw. (2008). International Law. Sixth Edition. State Succession, Page 956-957.
[5] Malcolm N. Shaw. (2008). International Law. Sixth Edition. State Succession, Page 957.
[6] Malcolm N. Shaw. (2008). International Law. Sixth Edition. State Succession, Page 957.
[7] The Vienna Convention on Succession of States in respect of Treaties, 1978. (United Nations, International Law Commission). Page 3. Article 2(b): The Vienna Convention on Succession of States in respect of State Property, Archives and Debts, 1983. (United Nations, International Law Commission). Page 3. Article 2(a).
[8] Malcolm N. Shaw. (2008). International Law. Sixth Edition. State Succession, Page 959.
[9] The Vienna Convention on Succession of States in respect of Treaties, 1978. (United Nations, International Law Commission). Page 4. Article 4(a).
[10] The Vienna Convention on Succession of States in respect of Treaties, 1978. (United Nations, International Law Commission). Page 5. Article 4(b).
[11] The Vienna Convention on Succession of States in respect of State Property, Archives and Debts, 1983. (United Nations, International Law Commission). Page 4. Article 4(1).
[12] The Vienna Convention on Succession of States in respect of State Property, Archives and Debts, 1983. (United Nations, International Law Commission). Page 4. Article 4(1).
[13] The Vienna Convention on Succession of States in respect of State Property, Archives and Debts, 1983. (United Nations, International Law Commission). Page 4. Article 4(2).
[14] The Vienna Convention on Succession of States in respect of State Property, Archives and Debts, 1983. (United Nations, International Law Commission). Page 4. Article 4(3).
[15] The Vienna Convention on Succession of States in respect of State Property, Archives and Debts, 1983. (United Nations, International Law Commission). Page 4. Article 4(3).
[16] The Vienna Convention on Succession of States in respect of State Property, Archives and Debts, 1983. (United Nations, International Law Commission). Page 4. Article 4(4).
[17] The Vienna Convention on Succession of States in respect of State Property, Archives and Debts, 1983. (United Nations, International Law Commission). Page 4. Article 4(4).
[18] The Vienna Convention on Succession of States in respect of State Property, Archives and Debts, 1983. (United Nations, International Law Commission). Page 5. Article 8.
[19] The Vienna Convention on Succession of States in respect of State Property, Archives and Debts, 1983. (United Nations, International Law Commission). Page 5. Article 9.
[20] The Vienna Convention on Succession of States in respect of State Property, Archives and Debts, 1983. (United Nations, International Law Commission). Page 8. Article 20.
[21]The Vienna Convention on Succession of States in respect of State Property, Archives and Debts, 1983. (United Nations, International Law Commission). Page 9. Article 21.
[22] The Vienna Convention on Succession of States in respect of State Property, Archives and Debts, 1983. (United Nations, International Law Commission). Page 13. Article 33.
[23] The Vienna Convention on Succession of States in respect of State Property, Archives and Debts, 1983. (United Nations, International Law Commission). Page 13. Article 34.
[24] The Arbitration Commission (Badinter Commission). (European Community), 1991. Opinion No. 1.
[25] The Arbitration Commission (Badinter Commission). (European Community), 1991. Opinion No. 1.
[26] The Ratification of Treaties Act, 1998. Cap. 190. (Uganda). Section 2(b)(i).
[27] The Ratification of Treaties Act, 1998. Cap. 190. (Uganda). Section 2(b)(i).
[28] The 1995 Constitution of the Republic of Uganda as amended. Article 123(2).
[29] Roland Rich. 4 EJIL (1993) 36-6. Symposium: Recent Developments in the Practice of State Recognition. Recognition of States: The Collapse of Yugoslavia and the Soviet Union. Page 44. https://www.ejil.org/pdfs/4/1/1207.pdf (Accessed on 29/03/2026)
[30] Roland Rich. 4 EJIL (1993) 36-6. Symposium: Recent Developments in the Practice of State Recognition. Recognition of States: The Collapse of Yugoslavia and the Soviet Union. Page 44. https://www.ejil.org/pdfs/4/1/1207.pdf (Accessed on 29/03/2026)
[31] Roland Rich. 4 EJIL (1993) 36-6. Symposium: Recent Developments in the Practice of State Recognition. Recognition of States: The Collapse of Yugoslavia and the Soviet Union. Page 44. https://www.ejil.org/pdfs/4/1/1207.pdf (Accessed on 29/03/2026)
[32] Roland Rich. 4 EJIL (1993) 36-6. Symposium: Recent Developments in the Practice of State Recognition. Recognition of States: The Collapse of Yugoslavia and the Soviet Union. Page 44. https://www.ejil.org/pdfs/4/1/1207.pdf (Accessed on 29/03/2026)
[33] Roland Rich. 4 EJIL (1993) 36-6. Symposium: Recent Developments in the Practice of State Recognition. Recognition of States: The Collapse of Yugoslavia and the Soviet Union. Page 44. https://www.ejil.org/pdfs/4/1/1207.pdf (Accessed on 29/03/2026)
[34] Roland Rich. 4 EJIL (1993) 36-6. Symposium: Recent Developments in the Practice of State Recognition. Recognition of States: The Collapse of Yugoslavia and the Soviet Union. Page 47 – 48. https://www.ejil.org/pdfs/4/1/1207.pdf (Accessed on 29/03/2026)
[35] Roland Rich. 4 EJIL (1993) 36-6. Symposium: Recent Developments in the Practice of State Recognition. Recognition of States: The Collapse of Yugoslavia and the Soviet Union. Page 47 – 48. https://www.ejil.org/pdfs/4/1/1207.pdf (Accessed on 29/03/2026)
[36] Malcolm N. Shaw. (2008). International Law. Sixth Edition. State Succession, Page 956-957.
