The Law of State Succession

The Law of State Succession
Author: D. P. O' Connell
Publisher: Cambridge University Press
Total Pages: 467
Release: 2015-12-03
Genre: Law
ISBN: 1107594693

First published in 1956, this book presents an account regarding the legal principles governing the consequences of changes of sovereignty, focusing particularly on British practice during the preceding 150 years. The legal principles governing British practice are compared with those of other states in order to record the main points of doctrinal agreement or divergence.

State Succession and Commercial Obligations

State Succession and Commercial Obligations
Author: Tai-Heng Cheng
Publisher: BRILL
Total Pages: 500
Release: 2006-07-19
Genre: Law
ISBN: 9047440021

State Succession and Commercial Obligations sets out to answer once and for all the age-old question: Do commercial obligations survive state succession? Tai-Heng Cheng accomplishes this goal via careful analyses of efforts by the United Nations to codify the law of state succession, as well as of recent state successions involving East Timor, Hong Kong, Macau, Yugoslavia, Czechoslovakia and the Soviet Union. The insightful text identifies a common thread running through these seemingly disparate events. Because of globalization and our interdependence, transnational decision-makers have collectively shaped international law to protect the international infrastructure from being disrupted by state succession and to protect entities from being debilitated by post-succession obligations. State Succession and Commercial Obligations makes another major breakthrough by showing that the policy considerations and decision-making processes are similar in both state and government successions. Unlike prior theories that were bound by technical distinctions between state and government succession, this book’s approach helps decision-makers bring order to both state and government successions that continue to be problematic today, such as the “regime changes” in Iraq, Afghanistan and Kosovo. State Succession and Commercial Obligations is the only major treatise in fifty years to appraise the global development of the law of state succession and commercial obligations. This treatise is indispensable to legal scholars seeking to understand contemporary international law, judges and arbitrators adjudicating succession disputes, and transactional and trial lawyers representing financial institutions, corporations and states when succession is imminent or has occurred. Because this book distills complex legal concepts into elegant ideas, it is also fascinating reading for a general audience that has an interest in global affairs and the transformative successions since the end of the Cold War. Published under the Transnational Publishers imprint.

A World of Public Debts

A World of Public Debts
Author: Nicolas Barreyre
Publisher: Springer Nature
Total Pages: 593
Release: 2020-10-26
Genre: Business & Economics
ISBN: 3030487946

This book analyzes public debt from a political, historical, and global perspective. It demonstrates that public debt has been a defining feature in the construction of modern states, a main driver in the history of capitalism, and a potent geopolitical force. From revolutionary crisis to empire and the rise and fall of a post-war world order, the problem of debt has never been the sole purview of closed economic circles. This book offers a key to understanding the centrality of public debt today by revealing that political problems of public debt have and will continue to need a political response. Today’s tendency to consider public debt as a source of fragility or economic inefficiency misses the fact that, since the eighteenth century, public debts and capital markets have on many occasions been used by states to enforce their sovereignty and build their institutions, especially in times of war. It is nonetheless striking to observe that certain solutions that were used in the past to smooth out public debt crises (inflation, default, cancellation, or capital controls) were left out of the political framing of the recent crisis, therefore revealing how the balance of power between bondholders, taxpayers, pensioners, and wage-earners has evolved over the past 40 years. Today, as the Covid-19 pandemic opens up a dramatic new crisis, reconnecting the history of capitalism and that of democracy seems one of the most urgent intellectual and political tasks of our time. This global political history of public debt is a contribution to this debate and will be of interest to financial, economic, and political historians and researchers. Chapters 13 and 19 are available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

State Succession to International Responsibility

State Succession to International Responsibility
Author: Patrick Dumberry
Publisher: Martinus Nijhoff Publishers
Total Pages: 541
Release: 2007
Genre: Law
ISBN: 9004158820

This volume addresses the controversial issue of State succession to international responsibility. It deals with two distinct questions. Firstly, whether or not there is State succession to obligations arising from internationally wrongful acts committed by the predecessor State against a third State before the date of succession. Secondly, whether or not there is State succession to the right to claim reparation as a consequence of internationally wrongful acts committed by a third State against the predecessor State before the date of succession. Winner 2008 ASIL Certificate of Merrit for High Technical Craftsmanship And Utility To Practicing Lawyers And Scholars.