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

Chapter 13: SUCCESSION TO STATE CONTRACTS DEPENDS ON WHAT TYPES OF SUCCESSION IS INVOLVED

Patrick Dumberry

Extract

This chapter will show that succession to State contracts depends on what types of succession is involved. There is no one-fits-it-all answer. Succession to contracts seems to be well established in the context of cession of territory, unification and incorporation of States. On the contrary, in the context of secession, dissolution and Newly Independent States it is the tabula rasa principle which should normally find application. Yet, there are particular circumstances where the solution of non-succession would not be appropriate in the context of a secession and dissolution.

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.