SUCCESSION ISSUES RESULTING FROM THE DISSOLUTION OF THE SOVIET UNION: ANALYSIS OF THE SO-CALLED CONCEPT OF “ZERO OPTION”
Journal Title: Вчені записки Таврійського національного університету імені В. І. Вернадського. Серія: Юридичні науки - Year 2017, Vol 28, Issue 2
Abstract
Succession occurs when one state ceases to exist or loses control over part of its territory, and another state comes into existence or assumes control over the territory lost by the first state. The 1978 Vienna Convention on Succession of States in Respect of Treaties (hereafter, the 1978 Vienna Convention) defines state succession as “the replacement of one state by another in the responsibility for the international relations of territory”. The phenomenon is protean: decolonization, unification, and separation are the possible occurrences of state succession. International law has not yet satisfactorily delineated the legal effects of State succession, especially on commercial or property obligations. Notwithstanding certain developments within the law, many issues remain unresolved. Traditional theses regarding State succession, when applied to particular cases, remain ill-fitting. Much thought has been given to the topic of the effects of state succession, but it should be mentioned that each particular case must be studied on its merits. This article analyzes the succession of Ukraine in connection with the termination of the USSR. Existing legal framework as to this issue and the basic principles for solving this problem, which formed the basis of the succession process, were investigated The article also examines the controversial issues that have arisen between the States as to the succession. The so-called concept of “zero option”, which is often associated with the problems of succession after the cessation of existence of the USSR was studied. Paper argues that the abovementioned concept cannot be applied because it is not confirmed either by international custom, or by international treaties. Ukraine has repeatedly objected to the unilateral actions of the Russian Federation, that were contrary to the agreements achieved in 1991–1992 (Ukraine was to receive 16.37% of the assets of the USSR). This fact excludes the possibility of the formation of an international custom. The so-called 'zero option' agreement between Ukraine and the Russian Federation dated 9 December 1994 was not ratified by the Verkhovna Rada of Ukraine, and therefore cannot be regarded as an international treaty in force. The question of the distribution of Soviet property between Russia and Ukraine is still not resolved. Ukraine, as a successor to the USSR, has the right to be fully informed of the amount of assets and liabilities of former USSR and is entitled to receive its share in the funds and property.
Authors and Affiliations
О. В. Задорожній, І. Є. Хмельова
Keywords
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