State Succession and Treaty Survival between the Predecessor State and the other State Party

Abstract

This article discusses ‘treaty survival’ in the light of the 1969 agreement between the Portuguese Republic and the Republic of South Africa governing the Cahora Bassa hydroelectric project.1 We therefore are dealing with a treaty, relating specifically to a territory that became the territory of a newly independent state, which continued between the original parties after independence with the newly independent state having consented to the survival of the treaty.