A Guide to State Succession in International Investment Law

Securities

A Guide to State Succession in International Investment Law

By Patrick Dumberry
Edward Elgar Publishing July 2018

Specifications

ISBN-13
9781788116602
Publisher
Edward Elgar Publishing
Publication
July 2018
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

A Guide to State Succession in International Investment Law is the first work of its kind to provide a comprehensive analysis of State succession issues arising in the context of international investment law.

The book examines the legal consequences in the field of investor-State arbitration arising from the disappearance or the creation of a State, or from a transfer of territory between States. Specifically, it analyses whether a successor State is bound by the investment treaties (bilateral and multilateral) and the State contracts which had been signed by the predecessor State before the event of succession.

Key features include:

  • Much-needed examination of the practice of States in the context of succession to bilateral and multilateral treaties and State contracts
  • A comprehensive and up-to-date analysis of international arbitration cases involving issues of State succession
  • Practical guidance on the application of rules of State succession in investment arbitration cases, including when succession occurs during arbitral proceedings
  • Assessment of the theoretical reasoning behind previously unexplored issues in State 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. Researchers in the field of international investment law will also find this to be a compelling text, with strong theoretical foundations.

Table of Contents

Part I General Introduction
1. Concepts

Part II State Succession to bilateral investment Treaties
2. State Succession to Bilateral Investment treaties: An Introduction
3. State practice regarding the continuation of the predecessor States' BITs
4. Different forms of consent by States for the continuation of BITs
5. Solutions adopted by the Vienna Convention
6. BIT Arbitration cases involving State succession issues

Part III State Succession to Multilateral treaties
7. The Continuity principle adopted under the Vienna Convention for secession and dissolution
8. (Hypothetical) illustration of the issue of succession to multilateral treaties: the case of NAFTA and Quebec's secession
9. State succession to the ICSID Convention

Part IV State Succession to State Contracts
10. State succession to acquired rights of individuals under contracts
11. The concept of State contracts and its unique characteristics
12. Modification of a State Contract by a Successor State
13. State Contracts and different types of Succession
14. Additional Factors and Circumstances for succession to State Contracts

Part V Specific problems arising when State succession occurs during arbitration proceedings
15. Succession affecting the respondent State
16. Succession affecting the home State of the claimant investor and resulting in changes of nationality

Part VI General conclusion
17. General Conclusion

Index
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