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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.

State succession. --- Government liability (International law) --- International obligations. --- Succession d'Etats --- Etat --- Obligations internationales --- Responsabilité (Droit international) --- Aansprakelijkheid. --- Internationale politiek. --- Opvolging. --- Staten. --- International agreements --- International law --- Treaties --- International claims --- Sovereignty --- Claims --- States, Creation of --- States, Succession of --- Succession of states --- Dismemberment of nations --- Recognition (International law)

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General principles of law play an important role in investment arbitraion and can be applied by a tribunal when no treaty provision or rule of customary international law exists regarding a particular issue. They can be used in traditional means, such as the interpretation of vague treaty terms, or for wider reaching issues emerging from the international legal order. Following a significant increase in references to the general principles of law by Investor-State tribunals questions have been raised around the meaning and function of these principles. Written by an expert in the field this book offers clear and comprehensive guidelins to better understand the nature, meaning, and function of general principles of law in the field of international investment law. Applying these principles to practice, this book assesses 17 concepts and notions in the field of investment arbitration, providing counsel and arbitrators with clear guidance on what should, and should not, be considered a general principle of law

Arbitration and award. --- International commercial arbitration. --- Investments, Foreign --- Law and legislation.

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This book analyses all relevant questions of State responsibility and attribution arising from the conduct of rebels and governments in the context of civil wars and rebellions aiming at the establishment of a new government or the creation of a new State. Based on a comprehensive analysis of both old and recent State practice, and case law, including investment awards, as well as the works of scholars and the International Law Commission, the book identifies ten basic rules which can be used by States and international tribunals. It explains the history, content and scope of application of the specific solutions adopted in Article 10 of the International Law Commission Articles on State responsibility to address particular problems. The book also critically revisits some of the solutions that have been put forward by tribunals and scholars, and examines a number of questions which have never been addressed by them before.

Insurgency --- Non-state actors (International relations) --- Government liability. --- State succession. --- War (International law) --- Civil war. --- Law and legislation. --- Civil wars --- Intra-state war --- Rebellions --- Government, Resistance to --- International law --- Revolutions --- War --- Hostilities --- Neutrality --- States, Creation of --- States, Succession of --- Succession of states --- Dismemberment of nations --- Recognition (International law) --- Government immunity --- Government liability --- Government responsibility --- Liability, Government --- Liability, Public --- Liability of the state --- Public liability --- Sovereign immunity --- State liability --- State responsibility --- Tort liability of the government --- Tort liability of the state --- Administrative law --- Administrative responsibility --- Constitutional law --- Liability (Law) --- Misconduct in office --- Public law --- Torts --- Act of state --- Constitutional torts --- State action (Civil rights) --- NGAs (International relations) --- Non-governmental actors (International relations) --- Nongovernmental actors (International relations) --- Non-state entities (International relations) --- Nonstate entities (International relations) --- Nonstate actors (International relations) --- Associations, institutions, etc. --- International relations --- Criminal law --- Law and legislation

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