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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 16: SUCCESSION AFFECTING THE HOME STATE OF THE CLAIMANT INVESTOR AND RESULTING IN CHANGES OF NATIONALITY

Patrick Dumberry

Extract

This Chapter continues examining what happens when succession occurs during the arbitration proceedings, and specifically when it affects the home State of the claimant investor and results in changes of nationality during the proceedings. This chapter provides an outline of the basic rules regarding acquisition/loss of nationality for individuals and corporations in the context of State succession. It will be argued that a tribunal should continue to have jurisdiction over a case despite a claimant changing nationality after the commencement of the proceedings. This chapter analyses the controversial question of the application of the rule of continuous nationality in the context of State succession and BITs proceedings.

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