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| rights and duties arising out of state succession: The Law of State Succession D. P. O' Connell, 2015-12-03 First published in 1956, this book presents an account regarding the legal principles governing the consequences of changes of sovereignty, focusing particularly on British practice during the preceding 150 years. The legal principles governing British practice are compared with those of other states in order to record the main points of doctrinal agreement or divergence. |
| rights and duties arising out of state succession: The Institute of International Law's Resolution on State Succession and State Responsibility Marcelo G. Kohen, 2019-02-14 Analysis of the 2015 Resolution adopted by the Institute of International Law on state succession in matters of state responsibility. |
| rights and duties arising out of state succession: A Guide to State Succession in International Investment Law Patrick Dumberry, 2018 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. |
| rights and duties arising out of state succession: Secession Marcelo G. Kohen, 2006-03-21 This book is a comprehensive study of secession from an international law perspective. |
| rights and duties arising out of state succession: International Investment Law Tarcisio Gazzini, Eric de Brabandere, 2012 Drawing on State practice, arbitral awards and national decisions, this book provides a systematic study of the sources of rights and obligations in the field of transnational investment, and their coordination and interaction. |
| rights and duties arising out of state succession: Documentation Concernant la Succession D'états Dans Les Matières Autre Que Les Traités United Nations. Office of Legal Affairs, 1978 |
| rights and duties arising out of state succession: The Work of the International Law Commission United Nations. International Law Commission, Vereinte Nationen International Law Commission, 2007 |
| rights and duties arising out of state succession: International Law in a Transcivilizational World Onuma Yasuaki, 2017-02-15 This book adopts a 'trans-civilizational' perspective on the history and development of current West-centric international law. |
| rights and duties arising out of state succession: Secession in International Law Milena Sterio, 2018-08-31 Secession in International Law argues that the effective development of criteria on secession is a necessity in today’s world, because secessionist struggles can be analyzed through the legal lens only if we have specific legal rules to apply. Without legal rules, secessionist struggles are dominated by politics and sui generis approaches, which validate secessionist attempts based on geo-politics and regional states’ self-interest, as opposed to the law. By using a truly comparative approach, Milena Sterio has developed a normative international law framework on secession, which focuses on several factors to assess the legitimacy of a separatist quest. |
| rights and duties arising out of state succession: The Law of International Human Rights Protection Walter Kälin, Jörg Künzli, 2019 The second edition of Kalin and Kunzli's authoritative book provides a concise but comprehensive legal analysis of international human rights protection at the global and regional levels. It shows that human rights are real rights creating legal entitlements for those who are protected by them and imposing legal obligations on those bound by them. |
| rights and duties arising out of state succession: Model Rules of Professional Conduct American Bar Association. House of Delegates, Center for Professional Responsibility (American Bar Association), 2007 The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts. |
| rights and duties arising out of state succession: A Treatise on State and Federal Control of Persons and Property in the United States Christopher Gustavus Tiedeman, 1900 |
| rights and duties arising out of state succession: Nationality and Statelessness under International Law Alice Edwards, Laura van Waas, 2014-09-18 This book identifies the rights of stateless people and outlines the major legal obstacles preventing the eradication of statelessness. |
| rights and duties arising out of state succession: Peremptory Norms of General International Law (Jus Cogens) Dire Tladi, 2021-08-16 Peremptory Norms of General International Law (Jus Cogens): Disquisitions and Dispositions brings together an impressive collection of authors addressing both conceptual issues and challenges relating to peremptory norms of general international. Covered themes in the edited collection include concepts relating to the identification of peremptory norms, consequences of peremptory norms, critiques of peremptory norms, the relationship between peremptory norms and particular areas of international law as well as the peremptory status of particular norms of international law. The contributions are presented from an array of scholars and experts with different perspective, thus providing an interesting mosaic of thoughts on peremptory norms. Written against the backdrop of the ongoing work of the International Law Commission, it exposes some tensions inherent in the jus cogens. |
| rights and duties arising out of state succession: State Succession and Commercial Obligations Tai-Heng Cheng, 2006-07-19 State Succession and Commercial Obligations sets out to answer once and for all the age-old question: Do commercial obligations survive state succession? Tai-Heng Cheng accomplishes this goal via careful analyses of efforts by the United Nations to codify the law of state succession, as well as of recent state successions involving East Timor, Hong Kong, Macau, Yugoslavia, Czechoslovakia and the Soviet Union. The insightful text identifies a common thread running through these seemingly disparate events. Because of globalization and our interdependence, transnational decision-makers have collectively shaped international law to protect the international infrastructure from being disrupted by state succession and to protect entities from being debilitated by post-succession obligations. State Succession and Commercial Obligations makes another major breakthrough by showing that the policy considerations and decision-making processes are similar in both state and government successions. Unlike prior theories that were bound by technical distinctions between state and government succession, this book’s approach helps decision-makers bring order to both state and government successions that continue to be problematic today, such as the “regime changes” in Iraq, Afghanistan and Kosovo. State Succession and Commercial Obligations is the only major treatise in fifty years to appraise the global development of the law of state succession and commercial obligations. This treatise is indispensable to legal scholars seeking to understand contemporary international law, judges and arbitrators adjudicating succession disputes, and transactional and trial lawyers representing financial institutions, corporations and states when succession is imminent or has occurred. Because this book distills complex legal concepts into elegant ideas, it is also fascinating reading for a general audience that has an interest in global affairs and the transformative successions since the end of the Cold War. Published under the Transnational Publishers imprint. |
| rights and duties arising out of state succession: State Succession to Responsibility for Internationally Wrongful Acts Grega Pajnkihar, 2023-08-28 Ongoing work of the International Law Commission on State succession with respect to State responsibility begs the question: how does this new matter fit into the broader concept of State succession? This book presents a detailed analysis of the complete codified field of State succession, with new observations and the relevant elements of State responsibility. Dr. Grega Pajnkihar provides insight into how these two areas of international law are interlinked and why State responsibility should not be treated differently from other matters of succession. |
| rights and duties arising out of state succession: The Rights of War and Peace Hugo Grotius, 1814 |
| rights and duties arising out of state succession: International Law and Sea Level Rise Davor Vidas, David Freestone, Jane McAdam, 2019-03-27 This book contains the final version of the 2018 Report of the International Law Association (ILA) Committee on International Law and Sea Level Rise, as well as the related ILA Resolutions 5/2018 and 6/2018, both as adopted by the ILA at its 78th Biennial Conference, held in Sydney, Australia, 19–24 August 2018. In Part I of the Report, key information about the establishment of the Committee, its mandate and its work so far is presented. Part II of the Report addresses key law of the sea issues through a study of possible impacts of sea level rise and their implications under international law regarding maritime limits lawfully determined by the coastal States, and the agreed or adjudicated maritime boundaries. Part III of the Report addresses international law provisions, principles and frameworks for the protection of persons displaced in the context of sea level rise. |
| rights and duties arising out of state succession: State Succession in Cultural Property Andrzej Jakubowski, 2015-06-04 The demise and rebirth of states brings with it a set of very complicated legal issues, among which is the question of how to deal with that state's cultural heritage, whether within its boundaries or not. Through a historical analysis of state dissolution and succession and its impact on cultural heritage from 1815 to present day, the work will identify guiding principles to facilitate the conclusion of agreements on the status of cultural property following the succession of states. Studying primary materials and evidence of state practice that has not been available before, the work will propose a novel approach to state succession from the perspective of the emerging interest of the international community to safeguard cultural heritage. State succession is one of the most obscure areas of international law since its rules are characterized either by their absence or their inconsistency. This book explores to what extent the principles and practice of state succession correspond to the evolution of the concept of cultural heritage in international law. It provides an extensive analysis of the alternations of the international practice and legal doctrine of state succession to tangible cultural heritage since the formation of the European nation-states in the nineteenth century - through the experience of decolonization to the post-Cold War dissolution of multinational states. The book has been awarded Prize of the Professor Manfred Lachs Foundation and Kozminski University in Warsaw for the best monograph in public international law published by a Polish author in 2015, in the category of debuts. On 24 November 2016, the book State Succession in Cultural Property by Andrzej Jakubowski was awarded the Prize of the Professor Manfred Lachs Foundation and Kozminski University in Warsaw for the best monograph in public international law published by a Polish author in 2015, in the category of debuts. |
| rights and duties arising out of state succession: State Immunity in International Law Xiaodong Yang, 2012-09-27 Xiaodong Yang examines the issue of jurisdictional immunities of States and their property in foreign domestic courts. |
| rights and duties arising out of state succession: Private International Law in Commonwealth Africa Richard Frimpong Oppong, 2013-09-12 A comprehensive and in-depth analysis of how courts in the countries of Commonwealth Africa decide claims under private international law. |
| rights and duties arising out of state succession: Consequences of State Succession for Nationality European Commission for Democracy through Law, 1998-01-01 |
| rights and duties arising out of state succession: State Succession to International Responsibility Patrick Dumberry, 2007-07-30 The break-up of the Soviet Union, Yugoslavia and Czechoslovakia and the unification of Germany in the 1990s marked the dramatic return to center stage in international law of the issue of State succession. This book deals with one particularly controversial aspect of State succession that until now has not received much attention: the question of State succession to international responsibility. In State Succession to International Responsibility the international lawyer and scholar Patrick Dumberry addresses the question, critical for our times, whether or not a new State may be held responsible for wrongful acts committed before its independence by the predecessor State. He also considers the reverse situation: whether or not a new State may claim reparations for wrongful acts committed before its independence by third parties and which affected the predecessor State or one of its nationals. State Succession to International Responsibility contains the most comprehensive analysis ever published of doctrine and State practice related to these questions. It is the first attempt to examine systematically State conduct, both historical and modern, with a view to identifying the factors and circumstances under which rights and obligations of a predecessor State may be transferred to a new State. Winner 2008 ASIL Certificate of Merit for High Technical Craftsmanship And Utility To Practicing Lawyers And Scholars. |
| rights and duties arising out of state succession: The Law of Nations; Or, Principles of the Law of Nature : Applied to the Conduct and Affairs of Nations and Sovereigns. By M. de Vattel ... Translated from the French Emerich de Vattel, 1792 |
| rights and duties arising out of state succession: State Succession J H W Verzijl, 1974-05 |
| rights and duties arising out of state succession: Unrecognized Entities , 2021-12-28 The book, which covers contributions from leading international and European law scholars and analyzes the legal and political status quo of non-recognized entities, comprises three parts. The first and the second part focus on contemporary trends of legal theory and practice concerning issues pertaining to secession and non-recognized entities in international and European law, respectively. Additionally, it touches upon EU policies, the issue of EU citizenship in light of secessionist movements in Europe, and the phenomenon of exterritorial naturalization within non-recognized entities. The third part scrutinizes the legal systems of non-recognized entities in the post-Soviet area, covering Eastern Ukraine, Abkhazia, South Ossetia, Transnistria, and Nagorno-Karabakh. |
| rights and duties arising out of state succession: Definition and Development of Human Rights and Popular Sovereignty in Europe European Commission for Democracy through Law, Council of Europe, 2011-01-01 What role do the people play in defining and developing human rights? This volume explores the very topical issue of the lack of democratic legitimisation of national and international courts and the question of whether rendering the original process of defining human rights more democratic at the national and international level would improve the degree of protection they afford. The authors venture to raise the crucial question: When can a democratic society be considered to be mature enough so as to be trusted to provide its own definition of human rights obligations? |
| rights and duties arising out of state succession: The Position of Heads of State and Senior Officials in International Law Joanne Foakes, 2014 A comprehensive and in-depth study of the legal position in international law of heads of state, heads of government and other senior state officials, this book analyses relevant treaties, case law, and custom to set out the law in this area and provide practical guidance. |
| rights and duties arising out of state succession: A Guide to State Succession in International Investment Law Patrick Dumberry, 2018-07-27 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. |
| rights and duties arising out of state succession: Customary International Humanitarian Law Jean-Marie Henckaerts, Carolin Alvermann, Comité international de la Croix-Rouge, 2005-03-03 Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI. |
| rights and duties arising out of state succession: The Creation of States in International Law James R. Crawford, 2007-03-15 Statehood in the early 21st century remains as much a central problem as it was in 1979 when the first edition of The Creation of States in International Law was published. As Rhodesia, Namibia, the South African Homelands and Taiwan then were subjects of acute concern, today governments, international organizations, and other institutions are seized of such matters as the membership of Cyprus in the European Union, application of the Geneva Conventions to Afghanistan, a final settlement for Kosovo, and, still, relations between China and Taiwan. All of these, and many other disputed situations, are inseparable from the nature of statehood and its application in practice. The remarkable increase in the number of States in the 20th century did not abate in the twenty five years following publication of James Crawford's landmark study, which was awarded the American Society of International Law Prize for Creative Scholarship in 1981. The independence of many small territories comprising the 'residue' of the European colonial empires alone accounts for a major increase in States since 1979; while the disintegration of Yugoslavia and the USSR in the early 1990s further augmented the ranks. With these developments, the practice of States and international organizations has developed by substantial measure in respect of self-determination, secession, succession, recognition, de-colonization, and several other fields. Addressing such questions as the unification of Germany, the status of Israel and Palestine, and the continuing pressure from non-State groups to attain statehood, even, in cases like Chechnya or Tibet, against the presumptive rights of existing States, James Crawford discusses the relation between statehood and recognition; the criteria for statehood, especially in view of evolving standards of democracy and human rights; and the application of such criteria in international organizations and between states. Also discussed are the mechanisms by which states have been created, including devolution and secession, international disposition by major powers or international organizations and the institutions established for Mandated, Trust, and Non-Self-Governing Territories. Combining a general argument as to the normative significance of statehood with analysis of numerous specific cases, this fully revised and expanded second edition gives a comprehensive account of the developments which have led to the birth of so many new states. |
| rights and duties arising out of state succession: Foreign Affairs and the EU Constitution Robert Schütze, 2014-10-16 A collection of essays that surveys the development and structure of the European Union's constitutional regime for foreign affairs. |
| rights and duties arising out of state succession: The Right to Self-determination Aureliu Cristescu, United Nations. Sub-commission on Prevention of Discrimination and Protection of Minorities, 1981 |
| rights and duties arising out of state succession: The European Union and Human Rights Nanette A. Neuwahl, Allan Rosas, 2021-09-27 |
| rights and duties arising out of state succession: Sovereignty over Natural Resources Nico Schrijver, 1997-07-24 This study analyzes the evolution of permanent sovereignty from a political claim to a principle of international law, and examines its significance for such controversial issues as peoples' rights, nationalization, and environmental politics. Dr. Schrijver argues that corollary rights available through permanent sovereignty must be seen alongside the corollary obligations they also entail. He thus identifies new directions sovereignty over natural resources has taken in an increasingly interdependent world. |
| rights and duties arising out of state succession: International Law Notes , 1918 |
| rights and duties arising out of state succession: The International Law of State Responsibility Robert Kolb, 2017 Covering the key aspects of the topic [of public international law], [this book] combines an...overview with use of specific case studies in order to provide a deeper understanding. The...chapters are organized into two parts. Part one provides a structural overview of the law, with up-to-date coverage of practice and case law reflecting the key international law reports. Part two offers specific case studies, asking probing questions in order to explore how the international legal order deals with breaches of its norms and what rights and faculties are accorded to the aggrieved state.-- |
| rights and duties arising out of state succession: Transnational Constitutionalism Nicholas Tsagourias, 2007-07-19 An interdisciplinary perspective is adopted to examine international and European models of constitutionalism. In particular the book reflects critically on a number of constitutional themes, such as the nature of European and international constitutional models and their underlying principles; the telos behind international and European constitutionalism; the role of the state and of central courts; and the relationships between composite orders. Transnational Constitutionalism brings together a group of European and international law scholars, whose thought-provoking contributions provide the necessary intellectual insight that will assist the reader in understanding the political and legal phenomena that take place beyond the state. This edited collection represents an original and pioneering contribution to the international and European constitutional discourse. |
| rights and duties arising out of state succession: History of the Theory of Sovereignty Since Rousseau Charles Edward Merriam, 1999 |
| rights and duties arising out of state succession: Asian Yearbook of International Law, Volume 23 (2017) Seokwoo Lee, Hee Eun Lee, 2019-12-16 Launched in 1991, the Asian Yearbook of International Law is a major internationally-refereed yearbook dedicated to international legal issues as seen primarily from an Asian perspective. It is published under the auspices of the Foundation for the Development of International Law in Asia (DILA) in collaboration with DILA-Korea, the Secretariat of DILA, in South Korea. When it was launched, the Yearbook was the first publication of its kind, edited by a team of leading international law scholars from across Asia. It provides a forum for the publication of articles in the field of international law and other Asian international legal topics. The objectives of the Yearbook are two-fold: First, to promote research, study and writing in the field of international law in Asia; and second, to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. Each volume of the Yearbook contains articles and shorter notes; a section on Asian state practice; an overview of the Asian states’ participation in multilateral treaties and succinct analysis of recent international legal developments in Asia; a bibliography that provides information on books, articles, notes, and other materials dealing with international law in Asia; as well as book reviews. This publication is important for anyone working on international law and in Asian studies. The 2017 edition of the Yearbook is a special volume that has articles highlighting current international legal issues facing particular Asian states. |
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