국제위법행위로 인한 국가책임의 국가승계 - 이론적 쟁점에 대한 소고 -

This article introduces recent discussions on State succession in respect of State responsibility, and contemplates the theoretical issues involved. Traditional views favored non-succession theory, which considers that the predecessor State’s responsibility due to its internationally wrongful acts is not transferable to a successor State. Yet doubts have been raised over the potentially inequitable consequences of such a theory, while practice has developed in support of succession theory. This article provides a basic examination on this issue by examining the status of relevant norms and reasons for excluding the subject from the legal frameworks of both State responsibility and State succession. It reviews the changing trend of international judgments which deal with succession of State responsibility. The article then examines the theoretical aspects of this issue. It first raises the question of whether State responsibility can be transferable, then examines the meaning of the ‘responsibility’ so transmitted. It also explores the general rules applicable to succession of State responsibility through the Draft Resolution adopted by the Institut de droit international as well as relevant State practice. In conclusion, this article examines the possibility of codification of the topic as well as its implications in the context of Korean unification.