Show Less
You do not have access to this content

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.
Show Summary Details
You do not have access to this content


Patrick Dumberry


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.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information

or login to access all content.