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Author Dumberry, Patrick, author.

Title A guide to State succession in international investment law / Patrick Dumberry (Professor, Faculty of Law (Civil Law Section), University of Ottawa, Canada).

Published Northampton, MA : Edward Elgar Pub., Inc., 2018.


Location Call No. Status
Physical description 1 online resource (552 pages).
Series Elgar international investment law
Elgar international investment law.
Notes Includes index.
Contents Contents: Part I General introduction -- 1. Concepts -- Part II State succession to bilateral investment treaties -- 2. State succession to bilateral investment treaties: an introduction -- 3. State practice regarding the continuation of the predecessor States' BITs -- 4. Different forms of consent by states for the continuation of BITs -- 5. Solutions adopted by the Vienna Convention -- 6. BIT arbitration cases involving State succession issues -- Part III State succession to multilateral treaties -- 7. The continuity principle adopted under the Vienna Convention for secession and dissolution -- 8. (Hypothetical) illustration of the issue of succession to multilateral treaties: the case of NAFTA and Quebec's secession -- 9. State succession to the ICSID Convention -- Part IV State succession to state contracts -- 10. State succession to acquired rights of individuals under contracts -- 11. The concept of state contracts and its unique characteristics -- 12. Modification of a state contract by a successor state -- 13. State contracts and different types of succession -- 14. Additional factors and circumstances for succession to state contracts -- Part V 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 VI General conclusion -- 17. General conclusion -- Index.
Summary A Guide to State Succession in International Investment Law is the first work of its kind to provide a comprehensive analysis of State succession issues arising in the context of international investment law. The book examines the legal consequences in the field of investor-State arbitration arising from the disappearance or the creation of a State, or from a transfer of territory between States. Specifically, it analyses whether a successor State is bound by the investment treaties (bilateral and multilateral) and the State contracts which had been signed by the predecessor State before the event of succession. Key features include: much-needed examination of the practice of States in the context of succession to bilateral, multilateral treaties and State contracts; comprehensive and up-to-date analysis of international arbitration cases involving issues of State succession; practical guidance on the application of the rules of State succession in investment arbitration cases, including when succession occurs during arbitral proceedings; assessment of the theoretical reasoning behind previously unexplored issues in State succession. Actors who are called upon to apply the rules of State succession in investment arbitration cases will find this book a valuable source of practical guidance. Researchers in the field of international investment law will also find this to be a compelling text, with strong theoretical foundations.
Notes Description based on print record.
Other author Edward Elgar Publishing, publisher.
Subject State succession.
Electronic books.
ISBN 9781788116619 (e-book)

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