A Guide to State Succession in International Investment Law

A Guide to State Succession in International Investment Law
Author: Patrick Dumberry
Publisher: Edward Elgar Publishing
Total Pages: 515
Release: 2018-07-27
Genre: Law
ISBN: 1788116615

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.

The Institute of International Law's Resolution on State Succession and State Responsibility

The Institute of International Law's Resolution on State Succession and State Responsibility
Author: Marcelo G. Kohen
Publisher: Cambridge University Press
Total Pages: 191
Release: 2019-02-14
Genre: Law
ISBN: 1108751385

Marcelo Kohen and Patrick Dumberry explore in an article-by-article commentary the Resolution adopted in 2015 by the Institute of International Law, on state succession in matters of state responsibility. They analyse the content and scope of application of each provision based on a comprehensive survey of existing state practice and judicial decisions (both domestic and international), as well as taking into account the works of scholars and that of the ILC Special Rapporteur in his proposed Draft Articles on the same topic. This book explains the rationale and the reasons behind why the Institute adopted specific solutions to address particular problems of succession to responsibility for each provision, including the need to achieve a fair outcome given the specific circumstances and relevant factors for each case.

General International Law in International Investment Law

General International Law in International Investment Law
Author:
Publisher: Oxford University Press
Total Pages: 737
Release: 2024-02-22
Genre: Law
ISBN: 0192666916

General international law is part and parcel of investor-state arbitration. This is the case not only regarding treaty law and state responsibility, but also with respect to matters such as state succession, the international minimum standard, and state immunity, all of which feature regularly in investor-state arbitration. Yet, although general international law issues arise in almost every investment case and often require extensive research, no systematic exploration of the relationship between the two exists. This Commentary is the first to fill this gap, providing a comprehensive treatment of the role of general international law in international investment law. It engages in detail with central matters of general international law, including in the practice of investment arbitration tribunals, moving beyond existing works which focus solely on procedural and institutional provisions. The Commentary's forty-six chapters do not focus on a single source or subject. Instead, each concentrates on a specific, relevant article from a particular source of public law - such as the Vienna Convention on the Law of Treaties (1969) or the International Law Commission's Articles on the Responsibility of States for Internationally Wrongful Acts (2001), among others. The entries combine detailed analysis with an examination of procedural and substantive aspects - such as nationality and unjust enrichment - and respond to the following questions: how have investment tribunals interpreted and applied the specific rule of general international law? To what extent and why does such interpretation and application align with or deviate from the practice by other international courts or tribunals? How could and should investment tribunals interpret and apply rules that have yet to feature in investment arbitration? This unique format means this commentary will serve as a central guide for all relevant case law and scholarship on international investment law.

Investments in Conflict Zones

Investments in Conflict Zones
Author: Tobias Ackermann
Publisher: Nijhoff International Investme
Total Pages: 491
Release: 2020-12-17
Genre: Business & Economics
ISBN: 9789004442801

Investments in Conflict Zones' addresses the topical and underexplored role of international investment law in armed conflicts, disputed territories, and 'frozen' conflicts. The edited collection explores how these different conflict situations impact the application and interpretation of international investment law and how the protection of investors can be reconciled with the politically charged circumstances and state interests involved. Written by a selected group of experts from different fields of international law, the volume moves beyond the confines of investment law, offering novel insights on its intersection with the law of armed conflict, human rights law, the law of the sea, general international law and national laws, including those adopted by de facto regimes which lack recognition as states.

State Succession to International Responsibility

State Succession to International Responsibility
Author: Patrick Dumberry
Publisher: BRILL
Total Pages: 540
Release: 2007-07-30
Genre: Law
ISBN: 9047420667

The break-up of the Soviet Union, Yugoslavia and Czechoslovakia and the unification of Germany in the 1990s marked the dramatic return to center stage in international law of the issue of State succession. This book deals with one particularly controversial aspect of State succession that until now has not received much attention: the question of State succession to international responsibility. In State Succession to International Responsibility the international lawyer and scholar Patrick Dumberry addresses the question, critical for our times, whether or not a new State may be held responsible for wrongful acts committed before its independence by the predecessor State. He also considers the reverse situation: whether or not a new State may claim reparations for wrongful acts committed before its independence by third parties and which affected the predecessor State or one of its nationals. State Succession to International Responsibility contains the most comprehensive analysis ever published of doctrine and State practice related to these questions. It is the first attempt to examine systematically State conduct, both historical and modern, with a view to identifying the factors and circumstances under which rights and obligations of a predecessor State may be transferred to a new State. Winner 2008 ASIL Certificate of Merit for High Technical Craftsmanship And Utility To Practicing Lawyers And Scholars.

Arbitration Under International Investment Agreements

Arbitration Under International Investment Agreements
Author: Katia Yannaca-Small
Publisher:
Total Pages: 790
Release: 2010
Genre: Business & Economics
ISBN: 0195340698

Arbitration Under International Investment Agreements: A Guide to the Key Issues provides a comprehensive analysis of the main issues that arise in investor-state arbitration. The contributing authors take the reader through the intricacies of this procedure before analyzing the main jurisdictional and substantive issues that confront arbitrators. The book concludes with a reflection on the role of precedent in investment arbitration. A diverse group of renowned experts in the field provide comprehensive coverage, making Arbitration Under International Investment Agreements a valuable resource for anyone working in or studying this field of law.

The Oxford Guide to Treaties

The Oxford Guide to Treaties
Author: Duncan B. Hollis
Publisher: Oxford University Press, USA
Total Pages: 873
Release: 2012-08-09
Genre: Law
ISBN: 019960181X

Giving an overview of the current state of the law and practice in relation to treaties, this edited work is an essential reference for practitioners and legal advisers involved in treaty negotiations or the interpretation of treaties. It also reflects on the current areas of disagreement or ambiguity.

Succession of States

Succession of States
Author: Mojmir Mrak
Publisher: BRILL
Total Pages: 240
Release: 2023-12-04
Genre: Law
ISBN: 9004635254

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.

International Investment Law

International Investment Law
Author: Tarcisio Gazzini
Publisher: Martinus Nijhoff Publishers
Total Pages: 363
Release: 2012-08-22
Genre: Law
ISBN: 9004214534

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.