Chapter 14: SUCCESSION TO STATE CONTRACTS DEPENDS ON WHETHER A NUMBER OF FACTORS AND CIRCUMSTANCES ARE INVOLVED
This chapter will argue that the answer to the question of succession to contracts may not be the same depending on a number of different circumstances and factors prevailing in each case. Thus, many different factors should be taken into account in order to determine whether the transfer of any rights and obligations arising from a contract to a new State is justifiable in contemporary international law. These factors are the position taken by the successor State regarding contracts; the existence of a ‘territorial nexus’ between a contract and the successor State; whether the contract was signed by an organ of a territorial unit of the predecessor State that has a structural continuity with the successor State; and, finally, the need to avoid any unjust enrichment.
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