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.

State Succession to Responsibility for Internationally Wrongful Acts

State Succession to Responsibility for Internationally Wrongful Acts
Author: Grega Pajnkihar
Publisher: BRILL
Total Pages: 403
Release: 2023-08-28
Genre: Law
ISBN: 9004679413

Ongoing work of the International Law Commission on State succession with respect to State responsibility begs the question: how does this new matter fit into the broader concept of State succession? This book presents a detailed analysis of the complete codified field of State succession, with new observations and the relevant elements of State responsibility. Dr. Grega Pajnkihar provides insight into how these two areas of international law are interlinked and why State responsibility should not be treated differently from other matters of succession.

The Life and Death of States

The Life and Death of States
Author: Natasha Wheatley
Publisher: Princeton University Press
Total Pages: 424
Release: 2023-06-13
Genre: History
ISBN: 0691244073

"Canonical theorists of sovereignty (Hobbes, Rousseau, and others) put the monopoly of power at the center of their definitions. These thinkers abstracted from western European experiences to universal norms. In the wake of their transformative contributions, states that did not fit the model appeared to be underdeveloped or deviant. Labels such as "provisional" or "irregular" rendered them irrelevant to theorizing and, worse, political problems that needed to be solved. One early "anomaly," says historian Natasha Wheatley, was the Habsburg Empire. Layered as it was with imperial, national, and regional sovereignty, its trajectory was not one of progress toward a unitary state. Instead, it encompassed compound polities, or states bundled together under experimental constitutional orders. Wheatley's aim in this book is to theorize from Central Europe to see how sovereignty can be produced in a complex world. In reconstructing this political and legal history, Wheatley treats Austria-Hungary as a crucible for modern legal theory. The serial remaking and eventual unmaking of imperial sovereigny in Central Europe showed how old-world dynastic conceptions of sovereignty were translated into abstract categories of modern legal thought. In so doing, she uncovers the irresolvable tensions and strategic silences in modern political theory: the presumed unity and timelessness of states. Eschewing explanations of "failure," she instead uncovers how the Central European experience crystallized legal questions that would arise again in the era of global decolonization, connecting the story of the end of empire to the birth of new nations throughout the twentieth century. In this respect, the work serves not only as a history of Central Europe but also a "prehistory" of the era of decolonization"--

Rethinking Sovereign Debt

Rethinking Sovereign Debt
Author: Odette Lienau
Publisher: Harvard University Press
Total Pages: 342
Release: 2014-02-18
Genre: Business & Economics
ISBN: 0674726405

Conventional wisdom holds that all nations must repay debt. Regardless of the legitimacy of the regime that signs the contract, a country that fails to honor its obligations damages its reputation. Yet should today's South Africa be responsible for apartheid-era debt? Is it reasonable to tether postwar Iraq with Saddam Hussein's excesses? Rethinking Sovereign Debt is a probing analysis of how sovereign debt continuity--the rule that nations should repay loans even after a major regime change, or else expect consequences--became dominant. Odette Lienau contends that the practice is not essential for functioning capital markets, and demonstrates its reliance on absolutist ideas that have come under fire over the last century. Lienau traces debt continuity from World War I to the present, emphasizing the role of government officials, the World Bank, and private markets in shaping our existing framework. Challenging previous accounts, she argues that Soviet Russia's repudiation of Tsarist debt and Great Britain's 1923 arbitration with Costa Rica hint at the feasibility of selective debt cancellation. Rethinking Sovereign Debt calls on scholars and policymakers to recognize political choice and historical precedent in sovereign debt and reputation, in order to move beyond an impasse when a government is overthrown.

Boundary Issues in Central Asia

Boundary Issues in Central Asia
Author: Necati Polat
Publisher: BRILL
Total Pages: 296
Release: 2021-09-06
Genre: Law
ISBN: 9004480501

Boundary Issues in Central Asia provides detailed answers to: What was the legal framework within which the new states of Central Asia attained statehood? How did the administrative divisions of the former Soviet Union evolve, almost over night, into inter-state frontiers, and on what legal basis? Are Central Asian states content with the post-independence border arrangements? What outstanding border issues with states adjacent to the former Soviet Central Asia were inherited by Central Asian states from the USSR, the predecessor state? What became, in particular, of the perennial border disputes of the predecessor state with China? What border issues with the latter have since been settled by Central Asian states and what issues are pending resolution? as well as to a host of other boundary-related questions, such as the minority, self-determination and ethno-border issues, with significant bearings on the stability of the existing territorial arrangements, the legal regimes for the use of transboundary watercourses in the region, including the dispute over the legal status of the Caspian Sea with its vast hydrocarbon resources. Published under the Transnational Publishers imprint.

The First Latin American Debt Crisis

The First Latin American Debt Crisis
Author: Frank Griffith Dawson
Publisher: Yale University Press
Total Pages: 310
Release: 1990-09-10
Genre: Business & Economics
ISBN: 9780300047271

This book analyzes a neglected but fascinating chapter in Anglo-Latin American relations, the disastrous 1822-25 investment boom. During this brief period, British investors lost £21 million in defaulted Latin America as an area for capital investment for a generation. Today Latin America owes its banking and other anxious international creditors over $400 billion, and amount that is unlikely to be repaid. Valuable lessons can be learned by studying the nineteenth-century antecedents of the current situation. Frank Griffith Dawson explores in depth the origins and consequences of the first Latin American debt crisis, interweaving economic details with the broader historical context of society, government, and diplomacy of the period. His wide-ranging discussion includes descriptions of the vicissitudes of the loans, bond issues, and speculative ventures in mining and agriculture, life styles of the various Latin American agents who were empowered to negotiate loans for the new states, the sometimes dishonest British banking and stock broking figured involved in the transactions, and the unfailing gullibility of the investing public. Dawson’s saga sheds light not only capital-exporting nation, but also on a London, when its institutions first began wholeheartedly to adapt themselves to their roles as the financial arbiters of the world. This readable and entertaining book will be of interest to students of Latin American and European economic history. It will also be instructive reading to politicians, stockbrokers, bankers, and lawyers who are attempting to deal with the consequences of the latest Latin American lending boom.

Odious Debts

Odious Debts
Author: Patricia Adams
Publisher:
Total Pages: 260
Release: 1991
Genre: Debts, External
ISBN:

The single most important shackle on the Third World is the debts owed to the richer countries - amounting now to over $1.4 trillion. The original loans were mostly put to uses of very dubious benefit to the countries concerned, and the repayments, which despite the hand-wringing and concern the North is insisting on, are stripping those countries of their assets and impoverishing their people and environments.