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A Guide to State Succession in International Investment Law

Patrick Dumberry

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.
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Chapter 14: SUCCESSION TO STATE CONTRACTS DEPENDS ON WHETHER A NUMBER OF FACTORS AND CIRCUMSTANCES ARE INVOLVED

Patrick Dumberry

Extract

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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