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.

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.

Succession of States

Succession of States
Author: Mojmir Mrak
Publisher: Martinus Nijhoff Publishers
Total Pages: 248
Release: 1999-02-24
Genre: Law
ISBN: 9789041111456

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

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.

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.

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.