From Collision to Collaboration
Chapter I provides an overview of the issues addressed in this book and its structure. It also makes the important distinction between situations of State succession and those of State identity. Finally, it explains the classification adopted in this book of the six different types of State succession.
Chapter 3 analyses the practice of States (both successor States and other States parties to BITs) regarding the continuation of the predecessor State’s BITs after the date of succession. In many instances, the parties have mutually and expressly agreed upon a solution regarding succession to treaties. The practice of the following new States will be examined: The practice of the FRY and Serbia-Montenegro regarding SFRY’s BITs; the practice of the Czech Republic regarding Czechoslovakia’s BITs; the practice of Kosovo regarding Serbia’s BITs; the practice of new States in the context of the break-up of the USSR and the practice of Montenegro regarding Serbia-Montenegro’s BITs.
Chapter 4 examines the situations where there is a tacit agreement between the States concerned for the continuation of a specific BIT. It examines this question in the context of statements made by States and consent which can be inferred from the conduct of the parties. With respect to the former, this Chapter examines the nature and effect of devolution agreements. It also explores the required form of a unilateral declaration, the effect on the new State making the declaration, the response given by the ‘other State party’ following a unilateral declaration and, finally, the relevant criteria to determine whether consent can be inferred from the silence and passivity of the ‘other State party’.