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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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Patrick Dumberry


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.

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