[PDF] State Succession To International Responsibility eBook

Author : Patrick Dumberry
Publisher : BRILL
Page : 540 pages
File Size : 26,48 MB
Release : 2007-07-30
Category : Law
ISBN : 9047420667

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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.

Author : Patrick Dumberry
Publisher : Martinus Nijhoff Publishers
Page : 541 pages
File Size : 49,14 MB
Release : 2007
Category : Law
ISBN : 9004158820

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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.

Author : Marcelo G. Kohen
Publisher : Cambridge University Press
Page : 191 pages
File Size : 39,78 MB
Release : 2019-02-14
Category : Law
ISBN : 1108496504

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Analysis of the 2015 Resolution adopted by the Institute of International Law on state succession in matters of state responsibility.

Author : James Crawford
Publisher : Oxford University Press
Page : 1364 pages
File Size : 43,14 MB
Release : 2010-05-20
Category : Law
ISBN : 0199296979

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The law of international responsibility is one of international law's core foundational topics. Written by international experts, this book provides an overview of the modern law of international responsibility, both as it applies to states and to international organizations, with a focus on the ILC's work.

Author : Marcelo G. Kohen
Publisher : Cambridge University Press
Page : 191 pages
File Size : 32,87 MB
Release : 2019-02-14
Category : Law
ISBN : 1108751385

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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.

Author : Grega Pajnkihar
Publisher : BRILL
Page : 403 pages
File Size : 29,52 MB
Release : 2023-08-28
Category : Law
ISBN : 9004679413

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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.

Author : Patrick Dumberry
Publisher : Brill Nijhoff
Page : 0 pages
File Size : 13,50 MB
Release : 2024
Category : Law
ISBN : 9789004703803

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The most comprehensive analysis of State practice, case law and scholarship on the question of whether the rights and obligations arising from wrongful acts committed by, or against, the predecessor can be transferred to a new State after its independence.

Author : D. P. O' Connell
Publisher : Cambridge University Press
Page : 467 pages
File Size : 12,37 MB
Release : 2015-12-03
Category : Law
ISBN : 1107594693

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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.

Author : Patrick Dumberry
Publisher :
Page : 573 pages
File Size : 15,17 MB
Release : 2006
Category :
ISBN :

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The present thesis addresses the issue of State succession to international responsibility. The analysis of State practice shows that the solution to the question whether or not there is a succession of States to the consequences of internationally wrongful acts committed by the predecessor State before the date of succession is not uniform ; it depends essentially on the different types of succession of States and the specific circumstances involved. There are many situations where the obligation to repair is transferred to the successor State after the date of succession. Similarly, there are several examples of State practice where the successor State claimed (and received) reparation in the opposite context of internationally wrongful acts committed (before the date of succession) against the predecessor State or one of its nationals. Modern State practice supports the principle of continuity of the obligation to repair and the right to reparation in international law.

Author : Patrick Dumberry
Publisher : Edward Elgar Publishing
Page : 515 pages
File Size : 23,60 MB
Release : 2018-07-27
Category : Law
ISBN : 1788116615

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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.