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(2) The "Clean Slate" Theory. The more recent all cases. 129 For example, Italy regards itself as being, and
theory, favored by many writers and governments during has been accepted as being, not a new state formed by the
the nineteenth and early twentieth century, is the "clean union of the several formerly independent states of the
slate" theory. Under this approach, a new or successor Italian Peninsula, but a continuation of the kingdom of
state does not inherit any of the rights or obligations of the Piedmont territorially enlarged by the annexation of other
predecessor state. 126 Italian states. 130 However, a Federal district court in
Neither theory appears to accord with present state prac- California saw the closely analogous case of Yugoslavia in
tice, which is admittedly inconsistent regarding questions a different light, and held that Yugoslavia is not the old
of state succession. 127 Since World War I1 most new kingdom of Serbia enlarged, but a new state that came
states, without adhering to any general doctrine, have into existence after World War I. 131
tended to opt for flexible techniques that give them d. In recent years, the distinction between changes of
freedom to pick and choose the treaty rights and obliga- government and the creation of new states has become
tions they wish to retain. Most of the older states have blurred, and its utility has been questioned. 132 The prob-
tolerated this approach by the evolving countries. 128 lems engendered by the transition of former colonial ter-
c. The distinction between changes in government and ritories in Africa and Asia to independent status have con-
the creation of a new state may be dmcult to draw in par- tributed largely to this reevaluation. 133
ticular situations, there being no clear criteria applicable to
Section 111. INTERNATIONAL LEGAL PERSONALITY
3-17. The Concept of "International Legal Per- sovereign organizations performing acts in international
sonality." a. One of the more significant developments of law, and thus implicitly being recognized as having inter-
contemporary international law is the extension of inter- national personality. 140 The growth of international
national legal personality to entities other than states. 134 capacity as a result of practice and interpretation continues
This is, of course, merely another way of saying that cer- today. This point can be illustrated by reference to the for-
tain entities other than states have come to be regarded as mation and administration of United Nations peacekeep-
having rights and duties under international law and as ing forces, which have entailed various agreements be-
being endowed with capacity to act. As a result of this tween the United Nations and the "host" states and also
gradual (and ongoing) development, international between the Secretary-General and the states providing
organizations, corporations, and even individuals may 126. With the possible exception of "dispositive" or "localized"
now be said to possess international legal personality in treaties. Id. at 432,439. A "dispositive" or "localized" treaty is defined
varying degrees. by Brierly as one "regarded as impressing a special character on the ter-
b. It is important to note not only the extension of in- ritory" to which it relates, and which creates "somethiig analogous to
ternational legal personality but also its relativity. In the servitudes or easements of private law." Brierly, supra note 2, at
neither a theoretical nor a pragmatic sense can the scope of 154. 127. Friedmann, supra note 20, at 432.
legal personality accorded to states, public international 128. Id. at 439. A more detailed discussion of succession to treaties
organizations, corporations, and individuals be the appears in chapter 8, irlfra.
same. 135 The state is still, and doubtless will continue to 129. Id. at 200.
be, the basic and most complete subject of international 130. Brierly, supra note 2, at 151.
131. That decision was reversed by the Nith Circuit Court of Ap-
law. 136 Yet it is clear that the traditional view-that only peals. See Certupovic v. Boyle, 107 F.Supp. 11 (S.D.Cali.1953), rev2
states can be subjects of international law-is changing. sub nom. Ivancevic v. Artukovic, 211 F.2d 565 (9th Cir. 1954), cert.
The following discussion will suggest some of the ways, denied, 348 U.S. 818 (1954).
and the extent to which, this change has occurred. 132. Friedmann, supra note 20, at 200.
3-18. International Organizations. a. In 1949, the In- 133. See, e.g., O'Connell, Independence and Problems of State Suc-
cession in The New Nations in International Law and Diplomacy 7
ternational Court of Justice held that the United Nations, (O'Brien ed. 1965). The author argues that because the problems of co-
as an international organization, has the capacity to bring lonial independence raise new, important and urgent social questions, a
an international claim against the responsible government "new look" is in order, and a "new breakdown in the process of ex-
for injury suffered by an agent of the United Nations in amination is necessary if the peculiar problems of the contemporary
the performance of his duties. 137 This was a signifcant breakup of colonial empires are to be handled in a juristically satisfying
way." Id. at 8-9.
extension of international personality, for theretofore only
134. See Friedmann, supra note 20, at 201.
states had been regarded as being competent to advance 135. Id.
such international claims. 138 The Court was careful to '36. Id.
point out, however, that to conclude' that the United Na- 137. Adviso~y Opinion on Reparations for Injuries Suffered in the
.TO ..
tions is an international is not equivalentto saying Semce of the United Nations 119491 I.C.J. 174.
that its legal personality and accompanying rights and la.
139. StiU less is it the same thing as saying the Organization is a
duties are the same as those of a state. 139 "su~erstate." whatever that expression may mean. Id.
b. Surprisingly, there is actually a long history of non- '140. see 1 OSConneII, ~nteinationa~
Law 105-06 (1965).