Overview

Marcelo Kohen and Patrick Dumberry explore in an article-by-article commentary the Resolution adopted in 2015 by the Institute of International Law, on state succession in matters of state responsibility. They analyse the content and scope of application of each provision based on a comprehensive survey of existing state practice and judicial decisions (both domestic and international), as well as taking into account the works of scholars and that of the ILC Special Rapporteur in his proposed Draft Articles on the same topic. This book explains the rationale and the reasons behind why the Institute adopted specific solutions to address particular problems of succession to responsibility for each provision, including the need to achieve a fair outcome given the specific circumstances and relevant factors for each case.

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9781108496506

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This article-by-article commentary of the Resolution adopted in 2015 by the Institute of International Law (ILC) on State succession in matters of State responsibility is a remarkable scholarship work by two authors who are well-known specialists of this topic. As I mentioned years ago in the introduction of my course at the Hague Academy of International Law (later published, as Recueil des cours tome 262 (1996), Martinus Nijhoff Publishers, 2000), State succession appears as one of the more complex issues in International Law ( La succession d'Etats apparait comme l'un des problemes les plus complexes du droit international . This remains true today and the issue still calls for deeper investigations, as has been excellently done by the two authors. The book provides readers with a thorough and detailed analysis of the content and scope of application of each provision of the ILC Resolution. It also explains the reasons which led the Institute to adopt specific solutions to address particular problems of succession to responsibility. The book also contains the most up-to-date comprehensive survey of existing State practice, juridical decisions and scholarship on this issue, including the works of ILC Special Rapporteur Sturma in his proposed Draft articles on the same topic. The book is a significant and timely contribution to the analysis of the complicated question of State succession in matters of State responsibility, and will undoubtedly become an invaluable reference for all those who will have to deal with questions of State responsibility in situations of State succession. Brigitte Stern, Universite Paris 1, Pantheon Sorbonne The book provides crucial insights into one of the most complex, yet largely unsettled issues of international law. It will assist academia, judiciary, diplomats and other practitioners dealing with the issues in question. It will be of great interest to legal experts involved in the discussions taking place in the context of the consideration by the UNGA's Legal Committee of the ongoing work of the ILC on the same topic. The book significantly contributes to the understanding of the interaction between the rules of international law governing State responsibility and the rules concerning State succession, which is indispensable for further harmonization of State practice and development of international law in this field. Vaclav Mikulka, Former Member of the International Law Commission and its Special Rapporteur on Nationality in relation to Succession of States

'This article-by-article commentary of the Resolution by the Institute of International Law (ILL) on State succession in matters of State responsibility is a remarkable scholarship work by two authors who are well-known specialists of this topic. ... The book provides readers with a thorough and detailed analysis of the content and scope of application of each provision of the ILL Resolution. It also explains the reasons which led the Institute to adopt specific solutions to address particular problems of succession to responsibility. It contains the most up-to-date comprehensive survey of existing State practice, judicial decisions and scholarship on this issue, including the works of ILC Special Rapporteur Sturma in his proposed Draft articles on the same topic. The book is a significant and timely contribution to the analysis of the complicated question of State succession in matters of State responsibility, and will undoubtedly become an invaluable reference for all those who will have to deal with questions of State responsibility in situations of State succession.' Brigitte Stern, Universite Paris 1, Pantheon Sorbonne 'The book provides crucial insights into one of the most complex, yet largely unsettled issues of international law. It will assist academia, judiciary, diplomats and other practitioners dealing with the issues in question. It will be of great interest to legal experts involved in the discussions taking place in the context of the consideration by the UNGA's Legal Committee of the ongoing work of the ILC on the same topic. The book significantly contributes to the understanding of the interaction between the rules of international law governing State responsibility and the rules concerning State succession, which is indispensable for further harmonization of State practice and development of international law in this field.' Vaclav Mikulka, Former Member of the International Law Commission and its Special Rapporteur on Nationality in relation to Succession of States `This article-by-article commentary of the Resolution by the Institute of International Law (ILL) on State succession in matters of State responsibility is a remarkable scholarship work by two authors who are well-known specialists of this topic. ... The book provides readers with a thorough and detailed analysis of the content and scope of application of each provision of the ILL Resolution. It also explains the reasons which led the Institute to adopt specific solutions to address particular problems of succession to responsibility. It contains the most up-to-date comprehensive survey of existing State practice, judicial decisions and scholarship on this issue, including the works of ILC Special Rapporteur Sturma in his proposed Draft articles on the same topic. The book is a significant and timely contribution to the analysis of the complicated question of State succession in matters of State responsibility, and will undoubtedly become an invaluable reference for all those who will have to deal with questions of State responsibility in situations of State succession.' Brigitte Stern, Universite Paris 1, Pantheon Sorbonne `The book provides crucial insights into one of the most complex, yet largely unsettled issues of international law. It will assist academia, judiciary, diplomats and other practitioners dealing with the issues in question. It will be of great interest to legal experts involved in the discussions taking place in the context of the consideration by the UNGA's Legal Committee of the ongoing work of the ILC on the same topic. The book significantly contributes to the understanding of the interaction between the rules of international law governing State responsibility and the rules concerning State succession, which is indispensable for further harmonization of State practice and development of international law in this field.' Vaclav Mikulka, Former Member of the International Law Commission and its Special Rapporteur on Nationality in relation to Succession of States

Advance praise: 'This article-by-article commentary of the Resolution by the Institute of International Law (ILL) on State succession in matters of State responsibility is a remarkable scholarship work by two authors who are well-known specialists of this topic. ... The book provides readers with a thorough and detailed analysis of the content and scope of application of each provision of the ILL Resolution. It also explains the reasons which led the Institute to adopt specific solutions to address particular problems of succession to responsibility. It contains the most up-to-date comprehensive survey of existing State practice, judicial decisions and scholarship on this issue, including the works of ILC Special Rapporteur Sturma in his proposed Draft articles on the same topic. The book is a significant and timely contribution to the analysis of the complicated question of State succession in matters of State responsibility, and will undoubtedly become an invaluable reference for all those who will have to deal with questions of State responsibility in situations of State succession.' Brigitte Stern, Universite Paris 1, Pantheon Sorbonne Advance praise: 'The book provides crucial insights into one of the most complex, yet largely unsettled issues of international law. It will assist academia, judiciary, diplomats and other practitioners dealing with the issues in question. It will be of great interest to legal experts involved in the discussions taking place in the context of the consideration by the UNGA's Legal Committee of the ongoing work of the ILC on the same topic. The book significantly contributes to the understanding of the interaction between the rules of international law governing State responsibility and the rules concerning State succession, which is indispensable for further harmonization of State practice and development of international law in this field.' Vaclav Mikulka, Former Member of the International Law Commission and its Special Rapporteur on Nationality in relation to Succession of States Advance praise: `This article-by-article commentary of the Resolution by the Institute of International Law (ILL) on State succession in matters of State responsibility is a remarkable scholarship work by two authors who are well-known specialists of this topic. ... The book provides readers with a thorough and detailed analysis of the content and scope of application of each provision of the ILL Resolution. It also explains the reasons which led the Institute to adopt specific solutions to address particular problems of succession to responsibility. It contains the most up-to-date comprehensive survey of existing State practice, judicial decisions and scholarship on this issue, including the works of ILC Special Rapporteur Sturma in his proposed Draft articles on the same topic. The book is a significant and timely contribution to the analysis of the complicated question of State succession in matters of State responsibility, and will undoubtedly become an invaluable reference for all those who will have to deal with questions of State responsibility in situations of State succession.' Brigitte Stern, Universite Paris 1, Pantheon Sorbonne Advance praise: `The book provides crucial insights into one of the most complex, yet largely unsettled issues of international law. It will assist academia, judiciary, diplomats and other practitioners dealing with the issues in question. It will be of great interest to legal experts involved in the discussions taking place in the context of the consideration by the UNGA's Legal Committee of the ongoing work of the ILC on the same topic. The book significantly contributes to the understanding of the interaction between the rules of international law governing State responsibility and the rules concerning State succession, which is indispensable for further harmonization of State practice and development of international law in this field.' Vaclav Mikulka, Former Member of the International Law Commission and its Special Rapporteur on Nationality in relation to Succession of States

Advance praise: 'This article-by-article commentary of the Resolution by the Institute of International Law (ILL) on State succession in matters of State responsibility is a remarkable scholarship work by two authors who are well-known specialists of this topic. ... The book provides readers with a thorough and detailed analysis of the content and scope of application of each provision of the ILL Resolution. It also explains the reasons which led the Institute to adopt specific solutions to address particular problems of succession to responsibility. It contains the most up-to-date comprehensive survey of existing State practice, judicial decisions and scholarship on this issue, including the works of ILC Special Rapporteur Sturma in his proposed Draft articles on the same topic. The book is a significant and timely contribution to the analysis of the complicated question of State succession in matters of State responsibility, and will undoubtedly become an invaluable reference for all those who will have to deal with questions of State responsibility in situations of State succession.' Brigitte Stern, Universite Paris 1, Pantheon Sorbonne Advance praise: 'The book provides crucial insights into one of the most complex, yet largely unsettled issues of international law. It will assist academia, judiciary, diplomats and other practitioners dealing with the issues in question. It will be of great interest to legal experts involved in the discussions taking place in the context of the consideration by the UNGA's Legal Committee of the ongoing work of the ILC on the same topic. The book significantly contributes to the understanding of the interaction between the rules of international law governing State responsibility and the rules concerning State succession, which is indispensable for further harmonization of State practice and development of international law in this field.' Vaclav Mikulka, Former Member of the International Law Commission and its Special Rapporteur on Nationality in relation to Succession of States

Author Information

Marcelo Kohen is Professor of International Law at the Graduate Institute of International and Development Studies in Geneva, where he has been a member of the faculty since 1995. He is a Titular Member of the Institute of International Law, and its Secretary General since 2015. He has worked as legal counsel and advocate for a number of States before the International Court of Justice, the International Tribunal for the Law of the Sea and other tribunals. He also acts as an arbitrator. He has been visiting professor at several European universities, and the author of many publications in the field of International Law, in English, French and Spanish. He was the Rapporteur of the Institut de Droit International on the question of State succession in matters of State responsibility and also co-rapporteur for the International Law Association and the Council of Europe on State succession and State immunity matters. He was awarded the Paul Guggenheim Prize in 1997 for his book Possession contestée et souveraineté territoriale (1997). Patrick Dumberry is Professor of Law at the University of Ottawa. He practised international arbitration for several years with Lalive in Geneva and Norton Rose in Montreal, as well as with Canada's Ministry of Foreign Affairs. He continues to work as counsel and expert in arbitration cases. He is the author of more than sixty publications in international investment law and international law, including five other books: State Succession to International Responsibility (2007); The Fair and Equitable Treatment Standard: A Guide to NAFTA Case Law on Article 1105 (2013); The Formation and Identification of Rules of Customary International Law in International Investment Law (Cambridge, 2016); Fair and Equitable Treatment: Its Interaction with the Minimum Standard and its Customary Status (2018); and A Guide to State Succession in International Investment Law (2018).

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