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Study Guide: State Continuity, Succession, and the Kingdom of Morocco
I. Core Concepts in International Law
A. State Continuity
A State continues to exist even if its government, territory, or population changes. James Crawford: continuity exists as long as an identifiable polity remains over a significant part of territory and people.
B. State Succession
One State replaces another in responsibility for a territory and population. Examples: decolonization, dissolution of Yugoslavia, USSR breakup.
C. The Debate: Continuity vs. Succession
Crawford: distinction is real and essential.
Brownlie, Craven, O’Connell: distinction is overly political and confusing.
Craven: “legal personality” alone cannot determine continuity vs. succession.
O’Connell: priority should be preserving obligations, not identity.
II. Morocco’s Legal Status After 1956
A. Requirement Under UN Charter Article 102
A State cannot declare itself sovereign without transparent registration of its legal status with the UN Secretariat.
B. Morocco’s Possible Post‑1956 Status
Succession State
Successor State
Continuity State (Presumption)
Morocco did not formally register a continuity claim after independence.
III. ICJ Case: Rights of Nationals of the United States in Morocco (1952)
Key Issue
Whether the U.S. could claim jurisdictional rights in Morocco based on the most‑favored‑nation clause.
Important Passage (from your document)
“The United States… still treats Morocco as a single country… entitled under the most‑favoured‑nation clause… to the same jurisdictional rights which Great Britain today exercises in a part of Morocco…”
Significance
Confirms Morocco was treated as one territorial entity even under divided French/Spanish zones.
Shows how foreign powers viewed Moroccan sovereignty before 1956.
IV. Madrid Convention of 1880 — Article 15(1)
Historical Rule
A Moroccan subject naturalized abroad returning to Morocco must:
Choose full submission to Moroccan law, OR
Leave Morocco, unless naturalization was approved by Morocco.
Modern Status
Article 15(1) is obsolete.
No current Moroccan statute implements this “choice mechanism.”
Modern nationality law is governed by the Moroccan Nationality Code (1958, amended 2007).
V. Vienna Convention on Succession of States in Respect of Treaties (1978)
Timeline
1967–1974 — ILC drafts articles
31 July–23 Aug 1978 — UN Conference in Vienna
23 Aug 1978 — Convention adopted
6 Nov 1996 — Entered into force
Key Article for Morocco Context: Article 34
When part of a State separates to form new States:
Treaties continue for successor States unless incompatible with treaty purpose.
VI. Amazigh (Berber) People and Moroccan Constitutional Law
A. Citizenship
Amazigh people are full Moroccan citizens by birth. They are the indigenous population of Morocco.
B. 1996 Constitutional Amendments
The 1996 Constitution did NOT make Tamazight an official language. However, it introduced:
Preamble: Morocco’s identity includes Arabic, Islamic, Amazigh, and Sahara Hassani components.
Article 9: Freedom of expression, association — enabling Amazigh cultural activism.
Article 13: Equal access to education and employment.
C. 2011 Constitution (Major Change)
Article 5: Tamazight becomes an official language of Morocco.
Recognition of Amazigh identity as part of national heritage.
VII. Morocco–Amazigh Relations After 1956
A. No New Treaties After Independence
Post‑1956 Morocco did not sign formal treaties with Amazigh tribes.
B. State Strategy Instead
Centralization of authority
Administrative integration
Military presence in tribal regions
Economic development projects (roads, schools, markets)
C. Political Developments
1956–1959: Amazigh uprisings
Rise of Amazigh political parties
Monarchy consolidates power over nationalist parties
D. Cultural Reforms Under King Mohammed VI
2001: Royal Institute of Amazigh Culture (IRCAM) created
Expansion of Amazigh media, education, cultural rights
E. Land Rights Issues (2018–2019)
New laws allowed sale/lease of soulaliyate (collective) lands. Amazigh activists argue this threatens traditional communal governance.
VIII. Key Scholars and Theories
A. James Crawford
Distinguishes continuity vs. succession
Focuses on statehood criteria rather than legal personality