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.
'This book takes an apparently narrow topic and accords it an almost epic intellectual scale. The dissolution of States may not happen every day, but when it does the practical implications for affected investment treaties and government contracts will be found in this book. Its unique contribution is to combine deep research and thinking about one of the most inchoate (and under-explored) concepts of international law with practical problems and real disputes.'
– Noah Rubins, Freshfields Bruckhaus Deringer
, Professor, Faculty of Law (Civil Law Section), University of Ottawa, Canada.