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This study discusses the succession of states to treaties and other obligations or rights, seeking answers to the question Does a new state succeed to its predecessor's international rights and duties, and if so, to what extent?
The renewed interest in matters of state succession which accompanied the dissolution of three multinational, socialist states in post-communist Europe inspired the preparation of this book. The book aims to provide both practical lessons of individual countries being directly involved in matters of state succession, and more theoretical contributions to expand the body of conceptual literature in this area. Its contributions address a wide variety of matters, ranging from problems associated with the recognition of states, issues of state succession with respect to international treaties and membership in international organizations, through specific issues such as citizenship, external debts and archives. The diversity of contributions therefore provides a relatively complete survey of matters pertaining to succession of states, especially those relating to the legal, economic and financial aspects. While some authors address universal questions of state succession or the issue of membership in international organizations, most contributions focus on issue-specific problems involving state succession to three Central and Eastern European states and, in particular, the break-up of the SFRY. The contributors are policy-makers, academic lawyers and economists actively involved in succession of states issues, either in their respective countries or in various international fora. The majority of contributions collected in this book are updated and revised versions of articles published in the December 1996 issue of "Development and International Cooperation,"
The renewed interest in matters of state succession which accompanied the dissolution of three multinational, socialist states in post-communist Europe inspired the preparation of this book. The book aims to provide both practical lessons of individual countries being directly involved in matters of state succession, and more theoretical contributions to expand the body of conceptual literature in this area. Its contributions address a wide variety of matters, ranging from problems associated with the recognition of states, issues of state succession with respect to international treaties and membership in international organizations, through specific issues such as citizenship, external debts and archives. The diversity of contributions therefore provides a relatively complete survey of matters pertaining to succession of states, especially those relating to the legal, economic and financial aspects. While some authors address universal questions of state succession or the issue of membership in international organizations, most contributions focus on issue-specific problems involving state succession to three Central and Eastern European states and, in particular, the break-up of the SFRY. The contributors are policy-makers, academic lawyers and economists actively involved in succession of states issues, either in their respective countries or in various international fora. The majority of contributions collected in this book are updated and revised versions of articles published in the December 1996 issue of Development and International Cooperation.
A Guide to State Succession in International Investment Law provides a comprehensive analysis of State succession issues arising in the context of international investment law. The author examines whether a successor State is bound by the investment treaties and State contracts which the predecessor State had signed with other States and foreign investors before the date of succession. Actors who are called upon to apply rules of State succession in investment arbitration cases will find this book a valuable source of practical guidance with strong theoretical foundations.
Transnational investment involves a variety of actors (States, public and private legal entities, and natural persons) whose relationships are governed by rules and legal instruments belonging to different legal systems. This book provides a systematic study of the sources of rights and obligations in the field of transnational investment, and their coordination and interaction. It focuses primarily on the network of over 3,000 Bilateral Investment Treaties, international investment contracts, customary international law, the main multilateral treaties, national legislation, international case law and general principles of law. The book, firmly based on State practice, arbitral awards and national decisions, is indispensable to fully appraise the nature and content of the claims of private investors as well as to identify the law applicable in investment arbitration.