Traditions of Early American Treaty Inheritance: Universal Succession as a Means to Achieve Stability and Security

This article addresses three periods in which the United States decided whether to inherit or renounce treaties that applied to the thirteen colonies before they gained independence. In chronological order, they build the case that universal succession took root and ultimately became the dominant legal norm in the interpretation of the country’s inheritance of international legal obligations. First, the role of succession doctrine among colonies during and directly after the Revolutionary War demonstrated the acceptance by states and their predecessors of the concept of legal succession. Second, the period from 1781-1802, which began with the ratification of the Articles of Confederation, saw the onset of clearer and more robust commitments to universal succession. These emerged in the Constitution and the first mention of treaty succession by the Supreme Court. Conceived initially in vague terms, these broadening commitments served the purpose of ensuring stability in the early treaty relations of the United States. The third and final analyzed period, beginning with the Louisiana Purchase demonstrated the elaboration of the norm of universal succession. The United States government asserted the continuity of international obligations when acquiring new territories, as well as in relations with new states that were reborn by gaining independence, undertaking constitutional change, or suffering secession, unification, and dissolution.

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