TREATMENT OF ALIENS IN INTERNATIONAL LAW: APPLICABLE RULES WHEN CITIZENS BECOME ALIENS

Abstract

State succession as a global phenomenal is not peculiar to a region or sub region. State succession issues can result from transfer of territory, unification, separation, among others; the entities are classified as the predecessor and the successor States. The predecessor state maintains the existing legal personality while the successor state is the new state emerging from the existing one. The case of succession is a critical aspect that can nullify the legal personality of an individual where a new state is created, or emerges; the nationals of the new state may become aliens in the former state. What then happens to the person who is now an alien in the former state and their property? How should such a person be treated while he/she remains in the old state and their property? These are issues discussed in this chapter. The authors adopted the doctrinal approach, employing secondary sources such as books, journals articles, reports and internet sources. The experience of the authors also contributed. This study further discussed the position of international law for the treatment of aliens.