Download or read book State Succession and Commercial Obligations written by Tai-Heng Cheng and published by BRILL. This book was released on 2006-07-19 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Law of State Succession written by D. P. O' Connell and published by Cambridge University Press. This book was released on 2015-12-03 with total page 467 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book A Guide to State Succession in International Investment Law written by Patrick Dumberry and published by Edward Elgar Publishing. This book was released on 2018-07-27 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Institute of International Law s Resolution on State Succession and State Responsibility written by Marcelo G. Kohen and published by Cambridge University Press. This book was released on 2019-02-14 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analysis of the 2015 Resolution adopted by the Institute of International Law on state succession in matters of state responsibility.
Download or read book Succession of States written by Mojmir Mrak and published by BRILL. This book was released on 2023-12-04 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: The renewed interest in matters of state succession which accompanied the dissolution of three multinational, socialist states in post-communist Europe inspired the preparation of this book. The book aims to provide both practical lessons of individual countries being directly involved in matters of state succession, and more theoretical contributions to expand the body of conceptual literature in this area. Its contributions address a wide variety of matters, ranging from problems associated with the recognition of states, issues of state succession with respect to international treaties and membership in international organizations, through specific issues such as citizenship, external debts and archives. The diversity of contributions therefore provides a relatively complete survey of matters pertaining to succession of states, especially those relating to the legal, economic and financial aspects. While some authors address universal questions of state succession or the issue of membership in international organizations, most contributions focus on issue-specific problems involving state succession to three Central and Eastern European states and, in particular, the break-up of the SFRY. The contributors are policy-makers, academic lawyers and economists actively involved in succession of states issues, either in their respective countries or in various international fora. The majority of contributions collected in this book are updated and revised versions of articles published in the December 1996 issue of Development and International Cooperation.
Download or read book International Investment Law written by Tarcisio Gazzini and published by Martinus Nijhoff Publishers. This book was released on 2012-08-22 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transnational investment involves a variety of actors (States, public and private legal entities, and natural persons) whose relationships are governed by rules and legal instruments belonging to different legal systems. This book provides a systematic study of the sources of rights and obligations in the field of transnational investment, and their coordination and interaction. It focuses primarily on the network of over 3,000 Bilateral Investment Treaties, international investment contracts, customary international law, the main multilateral treaties, national legislation, international case law and general principles of law. The book, firmly based on State practice, arbitral awards and national decisions, is indispensable to fully appraise the nature and content of the claims of private investors as well as to identify the law applicable in investment arbitration.
Download or read book International Law and the New States of Africa written by Yilma Makonnen and published by . This book was released on 1983 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Nationality and Statelessness under International Law written by Alice Edwards and published by Cambridge University Press. This book was released on 2014-09-18 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book identifies the rights of stateless people and outlines the major legal obstacles preventing the eradication of statelessness.
Download or read book Diplomatic Law written by Eileen Denza and published by Oxford University Press. This book was released on 2016 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 1961 Vienna Convention on Diplomatic Relations has for over 50 years been central to diplomacy and applied to all forms of relations among sovereign States. Participation is almost universal. The rules giving special protection to ambassadors are the oldest established in international law and the Convention is respected almost everywhere. But understanding it as a living instrument requires knowledge of its background in customary international law, of the negotiating history which clarifies many of its terms and the subsequent practice of states and decisions of national courts which have resolved other ambiguities. Diplomatic Law provides this in-depth Commentary. The book is an essential guide to changing methods of modern diplomacy and shows how challenges to its regime of special protection for embassies and diplomats have been met and resolved. It is used by ministries of foreign affairs and cited by domestic courts world-wide. The book analyzes the reasons for the widespread observance of the Convention rules and why in the special case of communications - where there is flagrant violation of their special status - these reasons do not apply. It describes how abuse has been controlled and how the immunities in the Convention have survived onslaught by those claiming that they should give way to conflicting entitlements to access to justice and the desire to punish violators of human rights. It describes how the duty of diplomats not to interfere in the internal affairs of the host State is being narrowed in the face of the communal international responsibility to monitor and uphold human rights.
Download or read book State Succession to International Responsibility written by Patrick Dumberry and published by BRILL. This book was released on 2007-07-30 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Secession written by Marcelo G. Kohen and published by Cambridge University Press. This book was released on 2006-03-21 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a comprehensive study of secession from an international law perspective.
Download or read book Vienna Convention on the Law of Treaties written by Oliver Dörr and published by Springer. This book was released on 2018-01-15 with total page 1546 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Commentary on the Vienna Convention on the Law of Treaties provides an in-depth article-by-article analysis of all of the Vienna Convention’s provisions. Each provision’s analysis consists of (I) Purpose and Function of the Article, (II) Historical Background with Negotiating History, (III) Elements of the Article and finally (IV) Treaties of International Organizations. In short, the present Commentary contains a comprehensive legal analysis of all aspects of the international law of treaties. Furthermore, where the law of treaties reaches into other fields of international law, e.g. the law of state responsibility, the relevant interfaces are discussed and contextualized. With its focus on international practice, the Commentary is an invaluable reference for both academia and practitioners of international law.
Download or read book Max Planck Yearbook of United Nations Law written by Max Planck and published by Martinus Nijhoff Publishers. This book was released on 1998-10-23 with total page 612 pages. Available in PDF, EPUB and Kindle. Book excerpt: Court.
Download or read book International Law and Justice written by John R. Rowan and published by . This book was released on 2008 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Selected from the papers presented at the twenty-third International Social Philosophy Conference held in July of 2006 at University of Victoria in Victoria, British Columbia --Preface.
Download or read book Public Debts and State Succession written by E. H. Feilchenfeld and published by . This book was released on 1981-06 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Sovereignty Statehood and State Responsibility written by Christine Chinkin and published by Cambridge University Press. This book was released on 2015-02-12 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays focusses on the following concepts: sovereignty (the unique, intangible and yet essential characteristic of states), statehood (what it means to be a state, and the process of acquiring or losing statehood) and state responsibility (the legal component of what being a state entails). The unifying theme is that they have always been and will in the future continue to form a crucial part of the foundations of public international law. While many publications focus on new actors in international law such as international organisations, individuals, companies, NGOs and even humanity as a whole, this book offers a timely, thought-provoking and innovative reappraisal of the core actors on the international stage: states. It includes reflections on the interactions between states and non-state actors and on how increasing participation by and recognition of the latter within international law has impacted upon the role and attributes of statehood.
Download or read book Sovereign Debt Diplomacies written by Pierre Penet and published by Oxford University Press. This book was released on 2021 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. Sovereign Debt Diplomacies aims to revisit the meaning of sovereign debt in relation to colonial history and postcolonial developments. It offers three main contributions. The first contribution is historical. The volume historicises a research field that has so far focused primarily on the post-1980 years. A focus on colonial debt from the 19th century building of colonial empires to the decolonisation era in the 1960s-70s fills an important gap in recent debt historiographies. Economic historians have engaged with colonialism only reluctantly or en passant, giving credence to the idea that colonialism is not a development that deserves to be treated on its own. This has led to suboptimal developments in recent scholarship. The second contribution adds a 'law and society' dimension to studies of debt. The analytical payoff of the exercise is to capture the current developments and functional limits of debt contracting and adjudication in relation to the long-term political and sociological dynamics of sovereignty. Finally, Sovereign Debt Diplomacies imports insights from, and contributes to the body of research currently developed in the Humanities under the label 'colonial and postcolonial studies'. The emphasis on 'history from below' and focus on 'subaltern agency' usefully complement the traditional elite-perspective on financial imperialism favoured by the British school of empire history.
