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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 15: SUCCESSION AFFECTING THE RESPONDENT STATE

Patrick Dumberry

Extract

This Chapter examines what happens when succession occurs during the arbitration proceedings. Such changes may affect the identity of the respondent State in the proceedings. For example, in the context of the dissolution of a State, the respondent will cease to exist during the proceedings. It will be argued that a tribunal should continue to have jurisdiction over a case despite the changes affecting the respondent State during proceedings. This chapter will examine the practical consequences of changes affecting the respondent State which may be different depending on the type of succession involved.

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