조약의 유보와 국가승계에 관한 고찰

When it comes to State succession, it is important to consider the issue of State succession with respect to treaties from an international law perspective. Specifically, it is important to determine whether successor States automatically succeed any reservations made by predecessor States in a specific treaty or whether the option to succeed is recognized. Additionally, it is important to determine whether successor States have the authority to decide the scope and application of any reservations. ‘Vienna Convention on Succession of States in respect of Treaties’ and ‘Guide to Practice on Reservation to Treaties’ are the primary international legal instruments that regulate these issues. The former governs the situation of only newly independent states, while the latter deals with the situation of uniting or separating states with new independent states. These two normative systems not only provide clear standards for major theories such as the ‘clean slate doctrine’ and the ‘rule of continuity’ in relation to State succession with respect to treaties but also regulate related issues within the treaty law system, including ‘Vienna Convention on the Law of Treaties’. While the likelihood of State succession, including issues related to the succession of treaties with reservations, has significantly decreased, it is important to discuss these issues closely in the context of achieving unification. As the international community has undergone significant changes in the past, it is necessary to conduct a thorough legal analysis of potential international legal issues that may arise in the future.