Question

Tabula rasa under International Law relates to

• A. State Recognition
• B. Universal Sucession
• C. State Sucession
• D. Sources of International Law

Hint:

In the context of State Succession, remember the two contrasting principles for treaty obligations: \textit{tabula rasa} (clean slate) for newly independent states, and the principle of continuity for other cases of succession like mergers or secessions.

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
The question asks for the area of international law where the principle of "\textit{tabula rasa}" is applied. "\textit{Tabula rasa}" is a Latin term that means "clean slate."
Step 2: Detailed Explanation:
The "clean slate" or \textit{tabula rasa} principle is a doctrine in the law of State Succession. State succession concerns the legal consequences that arise when one state replaces another state in the responsibility for the international relations of a territory.
Specifically, the \textit{tabula rasa} principle applies to treaty obligations. As per this doctrine, a newly independent state (typically a former colony) is not bound by the treaties entered into by the predecessor state that formerly controlled its territory. The new state starts with a "clean slate" and is free to decide whether to adopt or reject the treaties of its predecessor. This principle is codified in the Vienna Convention on Succession of States in respect of Treaties (1978).
Universal succession is a different theory where the successor state inherits all rights and obligations, which is the opposite of \textit{tabula rasa}.
Step 3: Final Answer:
\textit{Tabula rasa} under International Law relates to State Sucession.

Answer 2

The question asks which area of international law the tabula rasa, or clean slate, principle relates to. Let us examine each option.

1. State Recognition: This area is governed by the constitutive and declaratory theories discussed elsewhere, concerning whether and how an entity becomes a state, not by a clean slate principle regarding treaty obligations.
2. Universal Sucession: Universal succession is essentially the opposite idea, under which a successor state inherits all the rights and obligations, including treaties, of its predecessor. This is the contrary principle to tabula rasa rather than the same one.
3. State Sucession: Tabula rasa is a doctrine specifically within the law of state succession, applied to treaties. It holds that a newly independent state, typically a former colony, starts with a clean slate and is not automatically bound by the treaties its predecessor entered into, being free to choose whether to adopt them. This is codified in the Vienna Convention on Succession of States in respect of Treaties.
4. Sources of International Law: This area concerns where international law itself derives from, such as treaties, custom, and general principles, and has nothing to do with whether a new state inherits old treaty obligations.

Since tabula rasa is a specific doctrine about a new state's treaty obligations upon succeeding to territory, the correct answer is State Sucession.