인권조약의 승계에 관한 국제법적 고찰

Recently, numerous multilateral treaties have been formed that reflect the nature of the organized international community. This, however, creates many challenges that the traditional international community has never experienced. Issues concerning the perpetuation of rights and obligations erga omnes and their interpretation and application mechanisms are typical of these challenges. In these circumstances, the newly established states should clarify its agreement to be bound by the treaty through a formal action, rather than relying on the theory of automatic succession of state in respect of international human rights treaties. Since there are no clear norms yet to solve the problem of automatic succession in respect of international human rights treaties, the successor state that intends to succeed the international human rights treaty signed by the predecessor state may confirm its intention to succeed itself in the form of a unilateral declaration notified to the related depository. It is not certain whether such a declaration has a declarative or creative nature. Its effect depends on what position the international community has on automatic succession. However, given the fact that the current rules on automatic succession of international human rights treaty are gradually being formulated, formal notification of the succession of the related treaty as a sign of will of state is certainly the most stable way in terms of enhancing clarity within international relations and the international legal system.