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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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CONTENTS

Patrick Dumberry

Extended contents

Preface

Acknowledgments

List of abbreviations

Table of cases

Table of treaties and legislation

PART A    GENERAL INTRODUCTION

1    Concepts

PART B    STATE SUCCESSION TO BILATERAL INVESTMENT TREATIES

2    Introduction

3    State practice regarding the continuation of predecessor States’ BITs

4    Different forms of consent by States for the continuation of BITs

5    Critical analysis of the solutions adopted by the Vienna Convention

6    BIT arbitration cases involving State succession issues

PART C    STATE SUCCESSION TO MULTILATERAL TREATIES

7     The continuity principle adopted under the Vienna Convention for secession and dissolution

8     One (hypothetical) illustration of succession to multilateral treaties: the case of NAFTA and Quebec’s secession

9     State succession to the ICSID Convention

PART D    STATE SUCCESSION TO STATE CONTRACTS

10    State succession to acquired rights under contracts

11    The concept of State contracts and its unique characteristics

12    Modification of State contracts by the successor State

13    Succession to State contracts depends on what types of succession is involved

14    Succession to State contracts depends on whether a number of factors and circumstances are involved

PART E    SPECIFIC PROBLEMS ARISING WHEN STATE SUCCESSION OCCURS DURING ARBITRATION PROCEEDINGS

15    Succession affecting the respondent State

16    Succession affecting the home State of the claimant investor and resulting in changes of nationality

PART F    GENERAL CONCLUSION

17    General conclusion

Bibliography

Index